Study On The System Of Reprieve Chang

The reprieve change institution was first appeared in the 1979’s Criminal Law,provides for the death penalty was suspended for two years for criminal probation after the expiration of two years may become life imprisonment,imprisonment,the death penalty.The 1997’s Criminal Law inherited the 1979’s Criminal Law on the basis of a sound,the "if the criminal suspect truely repentance" is replaced by "if there is no intentional crime",the "if the criminal suspect truely repentance and meritorious service" is replaced by "if indeed there major meritorious service ",the" if the resistance is bad,and the verification is true" is replaces by" if there is no intentional crime,and the verification is true." Compared to the 1979’s Criminal Law,the 1997’s Criminal Law did not change the kinds of punishment,but tits applicable conditions change has changed.Criminal Law Amendment(Eight)according to the practical needs of social development,the reduction of the prison term from the "more than fifteen years to twenty years" is replaced by "twenty-five years." Criminal Law Amendment(Nine)combines the existing criminal policy needs as well as our legal system of our country,addition a related provisions," If the suspect commited a intentional crime but not sentenced the reprieve punishment,recalculated during the suspension of execution and submitted to the Supreme People’s Court for the record."Our reprieve change institution embodies the following value pursuit:the"transformation of combining punishment with education" principle.As the implementation of the death penalty reprieve special way,the penalty is relative.On the one hand,the extreme criminals and criminal liability accountability is severely punished for their criminal behavior,embodies the principle of punishment.On the other hand it is different from the death penalty immediately,it gave criminals an opportunity to embody the principles of the education reform.Implementing the "less Prudent Killings" principle.Death penalty reprieve as the core of the death policy,in the actual operation and judicial operations embody its characteristics,the vast majority of criminals were sentenced to death suspended for two years will not be executed.Reprieve committed probation period,as long as no intentional criminal acts and circumstances of the crime did not meet the aggravated degree,it will not be executed.Even major meritorious services will be reduced to twenty-five years in prison.Implementing the "temper justice with mercy" criminal policy.According reprieve committed performance during probation decisions in criminal offenders on probation after the expiration of species changes,there is no intentional crime and a major meritorious service can be commuted to life imprisonment and imprisonment for twenty-five years,which is reflected the "loose".For intentional crime during the probation still serious and the circumstances of the crime,the Supreme Court approved the death sentence upon receipt of the prison,the guilty will be executed reprieve,which reflects the "strict." The reprieve change institution combined the severe punishment of criminals as well as the relaxation of commutation conditions.According to Criminal Law Amendment(Nine)Article 50,guilty of criminal reprieve species can be divided into four situations.The first is commuted to life imprisonment,the conditions applicable to the kind of punishment which has not reprieve committed an intentional crime during the probation,and the sentence is executed after the expiration of two years.The second is reduced to twenty-five years in prison,the conditions applicable to the kind of punishment is indeed reprieve committed during the probation major meritorious services,and the implementation of the sentence after the expiry of two years.The third is the implementation of the death penalty,applicable conditions of the kind of punishment is probation reprieve committed in willful criminal acts and circumstances of the crime reached vile standard,but the sentence was executed after the Supreme Court in order to obtain approval.The fourth is recalculated during the suspension of execution of the terms of the applicable provisions is guilty of reprieve though intentional criminal act,but it did not meet the vile crime,will not be executed,but should be reported to the Supreme Court filing.The reprieve-changing institution has modified several times to obtain a continuous improvement in the judicial process of the application but will still encounter some problems.For example,both the face of great merit another intentional crime,when aggravated circumstances,some people think it should be reduced to twenty-five years in prison,some people think should be commuted to life imprisonment,some people think it should be carried out,the author believes that the death penalty suspended recalculated during execution.Faced with several intentional crime but do not belong to aggravated circumstances,some people think should be the death penalty,some people think that the death penalty can not be performed,the author believes should be taken into account,according to the criminal acts committed reprieve specific analysis of each offender crimes trial the results of studying sentenced sum compared with the sum of the number 3 and sexually,if>3,then the prison sentence by the offender to the Supreme Court approved the death penalty submitted,or not executed.Faced with the decision to life imprisonment by the perpetrators of great merit due to the possibility of imprisonment but reduced to the views,some people think should be life imprisonment.Some people think it should be reduced to twenty-five years in prison,the author agreed with the latter that should be reduced to twenty-five years in prison.