Improve The Commutation System In China

Commutation system is an extremely important discretionary system of penalty execution in our country, plays an important role in the criminal law system of our country. It can actively promote the criminal to carry out self transformation, and it is an important means to realize the purpose of penalty. The commutation system of deterrence and correction of the function space, but also can be said to be perfect in the penalty system of rigid and soft combination. The commutation system in the face of a rigid commutation of the criminals set strict conditions, only to achieve the legal provisions of the commutation conditions will have the opportunity to. Commutation system is not a simple unified for all criminals. The flexibility of this system gives another hope for freedom of the criminals, and the encouragement of the criminals in prison, and tries to get the chance to be reduced. This system makes the time of criminal and social isolation to a greater degree of control in the hands of criminals, reflected the criminal positive transformation in our country、turn over a new leaf、begin one’s life anew% negative energy into positive energy、turn negative factors hinder she social development to promote social development positive factor an effective policy, better play the purpose of education reform, has become an indispensable system to achieve the ultimate purpose of punishment. The system of commutation of sentence can be traced back to the reform movement of the late Qing Dynasty, and it is a perfect system after the founding of new China. However, with the continuous development of society, as China’s legal system is gradually improving, the system of the commutation has been greatly developed,, the establishment of a relatively mature system of criminal law, the new situation and new problems in the field of criminal law, the new requirements of the system of the penalty in the system,, and promote the system to adapt to the needs of the society, if not the positive impact on its enthusiasm. In this paper, we focus on the historical evolution of the system of the system, and analyze the problems in the current system of our country and perfect measures to enhance the feasibility of our country’s system of commutation in the actual judicial, put forward the corresponding countermeasures to improve the penalty function. This article includes four parts. The first part expounds the basic concept of commutation system and operational mechanism, through the analysis of the theoretical concept and functional properties of commutation system to demonstrate the inevitability of commutation system exists in the penal and legitimacy. The commutation system in the second part of abroad research and analysis, study abroad development models and running mechanism of commutation system, compared with the system in our country, explore the advanced experience of foreign system of commutation in commutation system perfect. The third part describes the basic situation of the commutation system, at the present stage in China and the development course, commuted applicable situation in China and how to make in our country present stage using these two aspects, this paper illustrates the running mechanism of the system. The fourth part analyzes the deficiencies and problems remaining in commutation system, aiming at the flaws of the commutation system in China, the actual first begin, put forward to solve these problems, perfecting the related countermeasure and the suggestion of commutation system, and then discuss to the instance, how to effectively develop the commutation system, set up in order to achieve efficient state commutation system, is our country society more stability and prosperity.