An Empirical Analysis On Judicial Application Of Limited Commutation Of Reprieve

After stipulated by the eighth Amendment to the Criminal Law, the limited commutation of reprieve have many disputes in academic circles. Although, to some extent, the establishment of the system alleviates a structural defect of the criminal law that imprisonment is too light, but the death penalty is too heavy, the unclear legislation and the disunity of judicial judgments also lead to many problems for its application.Based on retrieving current cases, this article mainly use mono factor analysis of variance,decision tree analysis and regression analysis of SPSS to make a empirical analysis of these data.Then some potential laws of judicial application about the restrictions on commutation of reprieve are revealed,for example,the lower level courts gradually master the dominance of the Judicial judgments,the referee adherence to the principle of legality and prohibition of retroactive, at the same time,there is a judging logic that the penalty is from light to heavy, the severity of the referee is proportional to the number of strict plots and inversely proportional to the number of liberal plots,subjectivity mitigating circumstances have a significant impact on the results of the referee,there is a ordering law from civil conflicts, surrendered, confessed to other liberal plots, the number of victims has a controlling influence on the referee’s results, etc.Meanwhile,existing problems are mainly as follows:the standard of application is confusing, the logic of referee is not clear and can’t achieved the Balance between Crime,affected by the anchoring effect,there is a sentencing deviation in judicial referee.A main reason for these problems is the condition of three modes of the death penalty can not be quantified and distinguished.To realize sentence fairness,the minimum term of reprieve should be used as the reference of sentencing and the sentencing level should be used as a measurement standard of plot.By the method of plot controlling and eliminating, the referee should adhere to the idea from light to heavy.The way of expression and reasoning of referee instruments should be adjusted to fit the judicial decisions to declare the authority of justice simultaneously. The value of the limited commutation of reprieve is to limit death penalty,so the view to expand it’s scope of application will add more difficulties in judicial practice.Because of the trend of abolishing the death penalty, the premise of reprieve (commutation limit) will no longer exist. In order to build a perfect imprisonment punishment system before the complete abolition of death penalty, we should investigate and research quickly.