On Establishment Of Diversification Index Evaluation System In Commutation Cases

The construction of diversification index evaluation system in commutation and parole cases is an important measure for implementing the criminal policy combining punishment with leniency as well as the institutional guarantee for equilibrium and justice of entity in commutation cases. when guaranteeing the open and transparent procedure, attention should also be paid to the justice and standard of substantive hearing in commutation cases to implement the standardization of sentencing in the hearing of commutation cases and further carry out the criminal policy combining punishment with leniency; in order to overcome the defect that commutation can only be based on hundred-mark assessment of executive organ, it is necessary to establish the diversification index evaluation system of commutation cases and determine the evaluation indexes, such as the objective effect reflecting reformation of convict, personal danger, social harm degree, implementation of incidental civil judgment and implementation of accessory property punishment and other appraisal indexes reflecting that the criminal shows the sign of repentance. Thereinto, there are 13 positive indexes, including criminal age, first offender, casual offence, criminal negligence, victim forgiveness, positive performance of accessory property punishment and reward; there are 16 negative indexes, including recidivism, combined punishment for several offenses, severe circumstances of crime, association with gangdom and evil force and drug crime; the comprehensive assessment is made on the influence degree of personal danger and social harmfulness according to the specific index to determine that it should be regulated from 10% to 40%. In terms of the application method of evaluation index, the criterion for commutation is determined according to the effective integrals acquired during criminal assessment period and the method of adding in same direction and subtracting in reverse direction is determined according to the regulation ratio of specific evaluation index to regulate the criterion for commutation; the collegiate bench should regulate within the range of 10% according to the specific condition of the case to realize the mutual adaptation between commutation and reform result, the coordination between commutation and reform promotion and the mutual promotion between commutation and regulatory order; if the commutation range after regulation is within the commutation range determined in the judicial interpretation of Supreme Court and the relevant policy papers, the commutation range can be declared; if it exceeds the regulated supreme commutation range, the supreme commutation range should be declared as commutation range. In practice, the different commutation ranges should be determined according to different criminal cases to get rid of the passive situation of reducing punishment by points and regarding point as the whole so as to fully embody the “leniency” and “strictness” in the execution process of punishment and give full play to the general and special prophylactic functions of punishment. In this thesis, the systematic study is made on the diversification index evaluation system of commutation cases. Firstly, the limitations of hundred-mark assessment system are put forward. Secondly, the necessity for building diversification index evaluation system of commutation cases is introduced from litigation regression in the hearing of commutation cases, implementation of criminal policy combining punishment with leniency and comprehensive correction of criminal psychology and behavior. Thirdly, the theoretical basis and practical significance for the composition elements of diversification index system are expounded, including active ability of criminal, subjective culpability of the mind, victim forgiveness, positive performance of accessory property punishment and reward. Fourthly, the diversification index system is designed concretely to lay the scientific theoretical foundation with strong operability for hearing the commutation cases.