The System Research Of The Penalty Abatement Of Death Sentence With Reprieve

In Chinese criminal law "the death penalty is overweight" and "punishment too light" and under the background of "the large gap between life and death", "criminal law amendment(eight)" in ordinary suspended with immediate execution between new suspended limit commutation system. Along with the establishment of suspended limit commutation sys tem, many problems worth studying. These problems, the typical such as suspended limit what is the nature of commutation, what is the value orientation and value orientation, suspended restrictions were reduced in the judicial practice should be applicable, suitable suspended limit, also what are the main problems and how to solve their sentences, and so on. This article writing more than 100000 words, consists of four chapters, the author, standing on the position of limit applicable death sentences restrictions, to look forward to solve the problem.The article first chapter for the suspended limit commuted overview. Mainly expounds the suspended limit commutation legislation background, this paper probes into the concept of death limit commutation and nat ure. Especially suspended limit the nature of commutation, the author through comparative analysis, think that sentence suspended limited in essence belongs to different from ordinary death not only another way of execution, and it also belongs to the sentencing system.The article second chapter for the suspended limit value analysis of commutation. Through comparative analysis and logic reasoning first three penalty value: justice, humanity and benefit. Secondly, based on the penalty value of three, it is concluded that suspended restricted the value orientation of commutation, humanity and benefit. Again, using the data analysis, the life of the Chinese criminal law punishment not only obviously overweight, no light but at the same time combined with susp ended restricted the value orientation of commutation, limit further concluded that death sentences in value should be aimed at a kind of alternative measures different from ordinary suspended the death penalty. And, this alternative measures we need to re main on high alert, apply on the justice should be restricted.The article third chapter for suspended limit judicial application of commutation. Mainly through the comparative analysis, logical deduction and case study is discussed. On premise suspended d eath sentences restrictions apply, want to clarify the logical sequence in the death penalty system: ordinary death —— death limit reduced —— immediate execution; To clear the common death of applicable standards, namely "the criminals who have committed e xtremely serious" just enter a threshold of death penalty system, "isn't must be executed immediately" is the essence of the common death standard. On suspended death sentences restrictions applicable object, was sentenced to ordinary death "recidivism and eight kinds of crime" to limit should be explained, was sentenced to death common "recidivism" should be limited to front and back are violent crime situation; Sentenced to ordinary death "seven kind of violent crime" should be limited to seven generalize d specific charges; Sentenced to ordinary death "organized violent crime" should be refers to the intentional injury organized crime of causing death. Restrictions in applicable death sentences "the circumstances of the crime, and so on and so forth, shall clear the increasing responsibility punishment of the plot and the prevention punishment.The article fourth chapter for applicable death limit commuted the existing main problems and solutions. Through the discussion of former three chapters, we found that public opinion is often easy to cause the increase of the criminal responsibility punishment, leading to excessive death sentences restrictions apply; The victim's murder feelings tend to lead to the increase of the criminal prevention punishment, which also lead to excessive death sentences restrictions apply; On the criminal execution, limiting suspended death sentences to make the prison management in big trouble. Therefore, it is necessary to guide the public correctly understand the death penalty; i t is necessary to the introduction of restorative justice in death penalty cases, reconstruct criminal reconciliation; it is necessary to suggest lawmakers' additional right of complex system.