Research For Applicability Of Our National Law Penal Relief Reason

Conviction and penalty relief as well as its reason even applicability has been regulated, applied and discussed ever since ancient time from inside out.Penalty relief is comprised of law making section, judicial section and penal law section. Judicature penalty relief is judicial procedure for preliminary appraisal of according criminal behavior key factor. Penalty relief should have associated basis as acquittal reason. Penalty relief meant to be excluded from guilt circle according to crime constituent when crime is convicted, so that not to be judged as guilty fact and reason. Penalty relief reason is divided into two category of legal one and one beyond law according to penal law basis. Legal acquittal reason needs to be distinguished between principle regulation and category regulation in applicability. How did to design penalty relief system provide suitable improvement route in lawmaking which penalty relief beyond law makes a positioning in its future direction and theory plus practice. this is research meaning for penalty relief beyond law.The discussion is necessary for penalty relief, above all, these cases lingering around brink of penalty relief is all less flagitious and perilous for society. Reasonable penalty relief can shorten actual distance between judicature and personal emotion, secondly, the principle of suspicion favorable for defendant, penal law necessity and human right safeguard of all has requirement for reasonable penalty relief. But it is severe phenomenon that our country emphasizes conviction, makes light of penalty relief, attach importance toprotection, without care for safeguard. Over long time, the judicial inertia standard of conviction priority results in our country’s penalty relief very tough,some unreasonable penalty relief of social hot spot issue arose people’s suspicion for penal law honesty and justice due to no reasonable penalty relief.How to solve above problem realizes reasonable penalty relief ? this needs to rethink current penal performance and judiciary scientific administration system, to coordinate relation of public safety and prosecution and judicature, to establish scientific system for prevention of outer interference,to optimize escalation of defending system, to standardize adoption system of judgement document for defending opinion. To lead penalty relief case beyond law into penal legislation; grant a certain amount of free judge right beyond law;improve applicability interpretation of penal law.Proper penalty relief is essential premise of penal judicature civilization,moreover, it is also one indispensable stride for penal legal system. But penalty relief in theory looks very beautiful, in fact, operation is very tough, poor system design could indulge crime, so how to escalate system design? This is expected for further deeper research.