Analysis Of China's Death With A Two-year Reprieve Limit Commutation Criminal Execution Status

In February 25,2011,the eleventh session of the nineteenth meeting of the NPC Standing Committee passed the "criminal law amendment(eight)",marking China's reprieve commutation limit system introduced.In May 1,2011,the Supreme People's court "on the death penalty reprieve commutation limit trial procedures of some of the provisions" of reprieve commutation limit system provides execution basis.The standing member of Twelfth National People's Congress on August 29,2015 will be the sixteenth meeting of the criminal law amendment(nine)"of the" forty-fourth penalties on article 383 rd of the criminal law provisions of the crime of corruption has been modified,further enrich the contents of the system of reprieve commutation limit.Reprieve commutation limit system as an important part of the penal system,has an important influence on the theory of criminal law and criminal justice activities.This paper is problem oriented,commutation limit theory through the analysis of reprieve,psychology and behavior,analysis of the group characteristics of reprieve commutation limit in the execution of criminals from the prison execution perspective,while the current prison reprieve commutation criminal execution limits exist problems in the execution and the difficulties are analyzedThe introduction of this article focuses on the issues related to reprieve commutation limit the number of criminals in custody is increasing year by year perspective and reprieve commutation limit in criminal execution are discussed,elaborated on the reprieve commutation limit system from two aspects of theory and practice of improving the penalty system to carry out research,enhance the deterrent force,to ensure that the value and application prospect of punishment the executive organ of the execution of activities carried out smoothly.The first chapter of this paper discusses reprieve commutation limit and the surrounding body theory,analyses the legal basis of classification and behind the reprieve commutation limit system,and emphatically expounds the value of penalty reprieve commutation limit system.Firstly,the author analyzes the reprieve commutation limit relates to life imprisonment and punishment,then the concept of reprieve commutation limit,classification and value analysis and discuss on this basis that the reprieve commutation limit is the value of comprehensive death penalty and imprisonment to avoid defects,through long period of deprivation gives the victim of life the possibility of inmates and deprive the freedom to achieve the purpose of punishment.Reprieve commutation limit system enriches the advent of penalty system,to further increase the types of penalties,only through the immediate implementation of the deterrence of death penalty at the same time can not only control the number of immediate execution,while maintaining and effect of the criminal policy to enhance the deterrent force,more fully embodies the criminal policy of combining punishment with leniency.In the second chapter,based on the data and the prison prison management process to carry out an empirical analysis of the criminal reprieve commutation limit,from restricted commutation criminal nature information,reprieve commutation limit criminals growth environment is poor,low social support system,lack of legal skills,low educational level,illegal experience deep.The transformation from the psychological perspective,reprieve commutation limit criminals are obstacles in the individual cognition,the lack of stability in the mood,there are two of the will,antisocial psychology and hostile psychological,criminal psychological correction is difficult.Analyze the behavior in prison,reprieve commutation limit criminals in their morbid psychology behavior under the control of a variety of attacks,the attacks have specific objects and objects are the generalization characteristics of individual criminals dangerousness and social harmfulness,penalty is low,the high risk of recidivism.To carry out the analysis of the implementation of the third chapter of this paper based on the perspective of the prison execution of reprieve limit system,points out that reprieve commutation limit prisoners stage assault,violation is prominent,while in prison suicide,the transformation of the speculative and camouflage strong,the transformation is difficult,a greater risk of prison safety supervision,have higher degree of difficulty in education transformation.The fourth chapter reprieve limit system based on the problems encountered in the execution are analyzed,pointed out that the reprieve restriction system in prison execution field appeared not to adapt to execution,there is the difficulty of management,there are three major issues on the misunderstanding of education.Reprieve commutation limit in the implementation of the system and the existing criminal execution system,especially there are compatible with the linking problem between the prison management system.In the fifth chapter,based on the premise of reprieve commutation limit has increased the number of offenders in custody under the reprieve commutation limit system in the future will face the weakening of reprieve commutation limit criminals motive,reprieve commutation limit in comparison with each other in psychological imbalance,reprieve commutation limit social support system of criminals,prison return serious problem will exist at the expiration.In the sixth chapter,from the perspective of prison execution,from strengthening the hardware investment,improve the supervision of security,and gradually realize the centralized custody offenders reprieve commutation limit.Hold safety supervision,criminal management strictly from the tight,to ensure that no danger of anything going wrong.Do a good job in management,expand in three aspects of incentive management,mobilize the enthusiasm of criminal reform puts forward three suggestions on perfecting the system of reprieve commutation limit.