Research Limitations Sentence Commutation System

In the criminal offense of crime, the death penalty is to be deprived of the right to life of people of the penalty, because life is unique and is not reversible, so once the death penalty criminal act is no way to restore the characteristics of life. On the international human rights protection system is relatively mature, the abolition of the death penalty has been the field of human rights protection is a big trend, in our country need criminal field, retains the death penalty punishment exist, because China’s current judicial practice is relatively stable, the future for a long period are not abolished the death penalty for the conditions punishment. Therefore, the concept of a new type of criminal penalty limit but still retain the death penalty will emerge as the times require. In order to make the death penalty can perform applicable reduced, at the same time can play to punish violent crime, the transformation of the role of the criminal, the criminal law of our country penalty reprieve is added in the eighth amendment to the penal system. At present, characteristic of structure of our country’s penalty is death penalty overweight, partial light punishment, death penalty; free connection problem not reasonable, this let appear obvious contrast between death penalty, death, life and present disparity weight greatly hinder normal play, penalty punishment function. The restrictions on commutation reprieve from the system to be established is crime punishment to adapt to China’s two phase and the principle of consistent, can give full play to the function of criminal law, and further improve the structure of penalty, penalty function and achieve effective play, the purpose of punishment. Legislation can extend the deadline for implementation of the criminal penalty reprieve reality, can not only for serious violent crimes do punished with the death penalty, but also can reduce the gap can be executed, the penalty structure further rationalization in china. To safeguard the socialist system under the perfect legal structure; harmonious society further stability, unity; under the socialist system of the justice of the judicial image; reduce the victims were to play a powerful role of ideology of retribution. This system make the following provisions:the death sentence with a reprieve for intentional homicide, execution of recidivism, robbery, rape, kidnapping, arson, explosion, throwing dangerous substance, organized violent crime people sentenced to death with reprieve, the people’s court as the circumstances of crime can be implemented restrictions on commutation of their. Because the recidivist’s situation is diversified, organized violent crime is not clear meaning, violent crime in7categories of severity of penalties applicable to the actual specific behavior to define or the charge definition has never been clear standards, and not on the discretion of judge system of clearly defined, these factors will limit the commutation system how to be used in the measurement of concrete punishment program brings uncertainty and difficulties to the judicial practice in a certain extent, the death sentence with a reprieve. It is easy to cause the phenomenon of the same case different decision. In order to safeguard judicial justice fair; improving the structure of the maintenance of the socialist judicial system; maintain social harmony and stability; give full play to death with reprieve restrictions on commutation of the legislative plan, this article will launch the analysis to this system and the attribute value as the starting point, restrictions on commutation of judicial system applicable to define the specific conditions, scope, but also to explore the whether the system of rehabilitation exercise, then the implementation of a series of problems appearing in the process of giving some advice on system.