On The Revocation System Of The Generate Commutation Withdrawal

Commutation is a regular criminal activity in the course of the execution of punishment, and it is an effective method of execution. It has a strong appeal to the vast number of criminals, and even has become the direction of their efforts in prison, is the main driving force of their transformation and the goal of the transformation of criminals have a positive role.But the in the application of no test period, has no ex post restriction. reflects the more reward in the crime of the people some of the time, that in practice, some criminals to commutation in prison during the performance of active and pretend he conscientiously observes prison regulations, from the objective to a positive attitude, with the illusion of repentance.In order to crack down on the criminals with this kind of mentality, we need to construct the system of the revocation of the occurrence of commutation.Therefore, this article mainly through analysis established type commutation revocation system the necessity and basis, and put forward specific ideas, some enlightenment for the relevant personnel so that they can from the legislature will occur commutation revocation system to be determined, and effectively applied to the judicial practice.This paper consists of five parts:In the first part, the summary of the system of the occurrence of the commutation revocation. This part first elaborated the commutation revocation system concept and type, and a brief analysis of the difference between the two different kinds of commutation revocation system; secondly, this paper discusses the commutation of the sentence can be revoked the debate, and puts forward his own views.The second part, the establishment of the commutation revocation system based on type. This part discusses the necessity, necessity and rationality of the construction of the system of commutation of the sentence from the two aspects of theoretical basis and practical demand..Construction type commutation revocation system not only with our temper justice with mercy of criminal policy, the commutation system of incentive effect, the purpose of penalty and effect of the punishment fit, but also to improve the defects of the current commutation system, to exercise the right punishment, maintain the normal regulatory rank order, control crime again.The third part, the legislative investigation of the commutation revocation system in foreign countries. The part of the French, the United States and Canada, the commutation revocation system, and draw useful experience, in order to build a more perfect system of the occurrence of the revocation of commutation.We can learn from the experience of countries, from China's reality, and strive to establish a consistent with China's national conditions, and efficient service in the judicial practice of the occurrence of commutation revocation system.The fourth part, the specific conception of the system of the occurrence of the commutation revocation system. For the entry into force of the ruling on commutation of a sentence, regardless of criminals in prison or released from prison after, if and the implementation of the violation behavior of supervision, through legal procedures can be the commutation revocation. However, the revocation of commutation should have a time limit, there are strict legal procedures.In this regard, we need to set up the commutation test period, the crime has been explicitly revoked the procedures of commutation and the exercise of the rights of the authority. Only after the test period of the "verification", and through certain legal procedures, the criminal has obtained sentence can be revoked, and discusses the repeal commutation exception. Construction plays an important role in rights safeguard judicial fairness and maintain the system of crime.In the fifth part, the relief way of the crime is not satisfied with the commutation of the sentence. Commutation of the giving and revocation are very subjective, and the specific criteria for the decision made is not clear. Moreover, when the judge makes a ruling, the criminal is not involved. This makes the decision to revoke the commutation of the sentence may be wrong to some extent, it is difficult to make the parties satisfied. Based on this reason, the author attempts to conceive some relief ways, in order to effectively use in specific cases, to safeguard the legitimate rights and interests of criminals and the law of justice.