Study On The Procedure Of Commutation In China

Commutation system as an important institution of a criminal execution reflects our punishment combined with education,the criminal policy of combining punishment with leniency,a reflection of the judiciary humanitarian concern for criminals,and effectively implement community's attention to the concept of the rule of law guiding ideology,promote social harmony steady development.Overall,the presence of the current commutation for the following issues: the commutation drew procedures,the law for the commutation of the evaluation criteria are too general,another Batch mode commutation drew inevitable situation exists in troubled waters;it commutation proceedings and words,litigation and adversarial hearing serious lack of features,strong administrative color,but is also not set up a special tribunal and equipped with special commutation commutation commutation trial judge cases related personnel such as commutation of sentence was commuted and victims in participation of the entire commutation process low,which in turn further reduced to be commuted if the referee judges based;on the commutation of supervision,inspection and supervision only of the single channels of supervision,supervision of social exclusion,which not only impede democracy progress,and will increase the inspection and supervision of work pressure and increase the possibility of corruption.Afterwards supervision and inspection supervision also appears pale its oversight power.Commutation power to revoke the absence of commutation system lets walk in the danger zone.Commutation commutation system in the program as an important part,if you can not pay great attention to the levers of power can not be balanced by the substantive and procedural,procedural justice ignore the banner of stability and authority of the judiciary will be subject to reduced the enthusiasm damage,offenders,community harmony is destroyed,judicial reform very difficult.This paper is divided into three parts,the first part of the program set forth on the commutation of related concepts,the second part of the analysis on the above-mentioned commutation procedures in drawing,trial and inadequate supervision of these three aspects,the third part of the aforementioned deficiencies investigate for possible complete remission program recommendations.