Study On The Reprieve Commutation Limit Of Current Situation,Problems And Countermeasures

Reprieve commutation limit is a new penalty provisions of the Criminal Law Amendment(eight). Although criminal law provisions on death with reprieve limit commutation applicable conditions and object are clearly defined, there are still many difficulties in the theory of criminal law, in the judicial practice also exposes many problems. Therefore, this article has carried on the empirical analysis under the guidance of the actual case, based on the multiple perspectives of legislative and judicial, reflection reprieve commutation limit exists in the theory and practice of some problems, and strive to explore and perfect reprieve commutation limit the feasible path.The first part, the origin of a new penalty system reprieve commutation limit. Reprieve commutation limit as a model system is the Criminal Law Amendment(eight) provisions, the applicable prerequisite for "was sentenced to death with a two-year suspension of execution", the object condition is "recidivist, the implementation of seven kinds of crime and organized crimes of violence criminals ", the conditions for the specific circumstances of the crime and personal danger. Reprieve commutation limit both system characteristics of sentencing and execution, the system has double attributes in nature. Specification for value, reprieve commutation limit implement the criminal policy of combining punishment with leniency, regulate and control the balance between crime and punishment of the penalty structure, can better control the immediate execution of death penalty application, to achieve the goal of gradually abolishing the death penalty.The second part, status: An Empirical Analysis of the real case. the reality of the case of empirical analysis. On a random sample from May 2011 to 2016 January 200 judicial decided cases for empirical analysis, respectively from the status of judicial application of the charges applicable situation, subject status, subject status by age, reprieve commutation limit the retroactive force, discretion plot statistics analysis.In the charge of the application, the common violent crime, such as robbery, intentional homicide, the proportion of the largest, arson and explosion is relatively small.The criminal was sentenced to death with reprieve commutation limit belongs to peasants or social workers, age distribution in 18 to 40 years of age. Of criminal acts occurred in the Criminal Law Amendment(eight) before the implementation, remain applicable sentence commutation limit cases more than 50%. From the discretion plot, the final judgmentreprieve commutation limit are lenient and strict interweaving game results.The third part, the question: the double reflection of practice and theory.Based on the second part of the analysis of the status quo, the reprieve commutation limit of theory and practice in which there are many problems. From the point of view of judicial practice, reprieve commutation limit suitable space is limited, failed to drug-related crimes and crimes of corruption and bribery incorporated. The standard of judicial application of reprieve commutation limit is not unified, and lack of special consideration on older commutation limit crime.In addition, the part of the limit commutation is contrary to the principle of criminal law. From the point of view of theory, reprieve restrictions on commutation of punishment adapts the principle, the principle of equality of criminal law are difficult to fit between, and the criminals correction incentive mechanism is a great challenge.The fourth part, countermeasures: research on the countermeasures of the reprieve commutation limit.Based on death with reprieve limit commutation existing problems, puts forward to want appropriate to broaden the scope of application of the death penalty, clear death with reprieve limit commutation of discretion standard, on older criminals carefully apply restrictions on commutation, stop and corrected before the commencement of crime applicable restrictions on commutation, as well as the additional rehabilitation system of reprieve commutation limit to eliminate the crimes and the adaptation principle, equality principle and the criminal correction incentive mechanism of conflict, to improve the reprieve commutation limit the punishment system of.