Research On Restriction Commutation System To The Death Sentence With A Reprieve

Restrictions commutation system properties from the following two angles defined: first, not arbitrary commutation, rather than not commuted, that some reprieve offenders more cautious and strictly apply commutation, remission difficult; second, penalty applies, rather than the execution of punishment. It is proclaimed offender sentencing part of the trial court when the people, rather than during the execution of the penalty decided by the executive organ of the applicable penalty. Reprieve commutation limit is the first time for the commutation of criminal legislation to impose restrictions. It helps improve our penalty structure to make it more scientific and reasonable; Further enhanced severity reprieve is conducive to play in crime prevention function better; Also conducive to resolve social conflicts further strict execution policy.Reprieve commutation system specific restrictions apply including applicable conditions, applicable principles and retro activity three areas. First, the applicable conditions refer reprieve commutation system limitations applicable object conditions. The plot conditions and penalty conditions. The object is to be sentenced to death condition of recidivism. Seven kinds of crime because criminals were sentenced to death because of organized violence and sexual crimes are sentenced to death criminals; Plot condition is whether the People’s Court commuted reprieve offenders need to limit its consideration circumstances of the crime. Such as scholars have said before and after the crime recidivism whether violent crime are all criminals if there is surrender, meritorious, and so frankly criminal law lenient punishment expressly provided, whether caused by civil conflicts caused by neighborhood, in the crime and the role of repentance after the extent of the offender’s crime; Punishment condition is that the People’s Court declared the restriction of the offender’s commutation strict standards at the same time. The minimum age after serving their sentences commuted also be extended to two years after the test period minus the law’s actual sentence to life imprisonment term of not less than 25 years, due to two major meritorious service after the test period was reduced to 25 years in prison The actual terms of imprisonment of not less than 20 years. Secondly, the application of the principle means reprieve limit commutation system is inseparable from the basic principles of our criminal law applicable guidance must follow the principle of legality. The principles of criminal culpability to adapt the principles and strict implementation of the death penalty. Finally, limit retro activity reprieve commutation system in accordance with the judicial interpretation issued by the Supreme Court, following China’s criminal law and a lighter from the old principle. But if the old will result in a lighter penalty too light in which the offender can not implement. When the offense to adapt the principles, you can limit the commutation system applicable reprieve amended.Our reprieve limit commutation system unscientific way existing legislation, applicable standards are not clear, the scope is relatively narrow issues, but also on the supervision of prison offenders had an impact, and thus the improvement of the system should focus on perfecting legislation way, refining the applicable standard, reasonable to expand the scope and other aspects, but also innovation of prison criminals regulatory model.