Empirical Study On The Judicial Application Of Special Relief System

Criminal law of the special relief system plays a crucial role in making a balance between crime and punishment,as well as realizing the sentencing justice.Furthermore,such a system also does good to correct the current heavy-penalty structure in China and maintain the moderate elasticity of the criminal law.However,the operation of the judicial practice is not so pleased and is in a dilemma of illusive establishment.Based on the urgent situation,it is a must to break barriers of the special relief system and make it be motivate again.Considering all problems above,this paper is aimed at studying and discussing the special relief system so that we can discover the source of the dilemma by analyzing the application of the system in concrete cases.On one hand,the substantial law is too abstract.What the so called "the special situation of cases" is not certain and will go against the recognition and judgement of judges.The rage of extent for measurement of punishment below statutory sentence is uncertain,so that results of judgement are not unified.On the other hand,the specific application provisions are unreasonable.The approval of the supreme people' s court is so harsh;the operating cost of the system is high too.The lack of review procedure specific provisions makes it impossible to realize the interaction between entity and procedure.Meanwhile,the influence of heavy-penalty structure let judges prefer operating heavy punishment involuntarily.Additionally,the internal assessment mechanism of courts exerts much more pressure on judges,which makes the special relief system more hard to be existed.The theoretical reflection of the special relief system when it is operated in juridical practice could inspire scholars to discuss shortcomings of the system.Based on the theoretical function and value of the system as well as the analyses of different views on the dispute,the response seems that there will be good ways to perfect the special relief system.While the best way to complete the system is to add specific rules of application.First of all,the system itself should be adjusted by taking the following measures:categorizing elements of so called "special situation of cases";adding commutation rules;setting standard for review period and review rights etc.It may solve the disadvantages of the system and make it be practical.Secondly,the operation of the system should have a complete set of application,reasons of strict regulation,supervision of censorship and case database.Only by doing so,can the special relief system will be full of vitality.