Study On The Abatement From Penalty Of Prison Execution

Imposing the criminal punishments on convicts is very important in the whole process of the running of criminal jurisdiction,for it is the ultimate link to realize the national criminal jurisdiction.Both the systems of commutation and parole,being the important constituent parts of the whole system of implementing the criminal penalties,are variable systems of implementing criminal penalties which are based on the convicts’ excellent behaviors in prison and accordingly reduces the period of implementing penalties or conditionally release the prison earlier.Legally sentencing the convicts to some criminal penalty is a requirement of necessity to threaten the criminal behavior,protect the people and maintain justice.Yet the main end of the modern criminal penalties doesn’t focus on punishing the convicts but on education and reshaping.In the process of implementing the criminal penalties,the relative departments must carry out the doctrine of suiting punishment to crime in order to express the authority of national law,and also must give the convicts the chances to correct their errors and return to the society.To commute or parole the convicts behaving excellently can not only prompt the convicts realize and correct their errors,but also prompt the recovery of kinds of social relationships and the social harmony,which is the ultimate end the national law purchases.Scientifically and accurately implement of the criminal penalties directly influences the effects of the former activities of criminal justice,such as criminal legislation,criminal trial,and also the realization of the purpose of the criminal penalties.In the implement of the criminal penalties,the commutation system is a core one,and it is also the most widely applied.Therefore,the commutation system is highly significant to the implement of the criminal penalties.According to the provisions of the criminal law and the criminal procedure law,the prison,as the subject of implementing the criminal penalties in our country,is in charge of correctly and scientifically implementing the criminal penalties,reducing and obstructing the criminal behaviors,and also reforming convicts,but the core duty of the prison is implementing the criminal penalties.The commutation is the most important work for the prison during the process of implementing the criminal penalties.Therefore,the prisons’ duty of implementing the criminal penalties is significant to the maintenance of both the safety of supervision,and social stability and harmony.With the further acceleration of social transformation,kinds of new contradictions and new situations have constantly arisen and should be resolved as quickly as possible,and so in the commutation system.For a long time,China’s emphasis on the commutation system is not enough,making relevant legal laws severely lag behind,the substantial conditions of commutation notoperational,some of the penalty systems and execution systems uncoordinated,the starting time and interval time of commutation over loose,commutation lack revocation system,overdue commutation for special crimes,un-quantized check standards of commutation conditions,lack of effective supervision in commutation procedures.This has led to many legal loopholes and system blank in carrying out the commutation work of criminals in sentences,such as lack of the unified commutation standards,non-unified commutation procedures,vague administrative award standards,imbalanced scoring check system,non-transparent crime post,artificial setting of commutation proportion etc,which have hindered the realization of the purpose of our commutation system and seriously weakened the punishment significance of penalty measure.The following starts from the work practice of the author and deeply analyzes and explores various problems in the law enforcement process.It starts from the problems in the commutation system executed by the prison and discusses the fundamental work of perfecting the prison commutation system from three aspects: making the commutation limit strict,perfecting the legal procedures of commutation and perfecting the legal system of prison’s execution of commutation system.Only by scientifically and fairly evaluating the criminals’ sentence-serving and transformation performance from the origin can the role of the combination of the penalty and encourage of the commutation system be embodied in terms of legal procedures and legal effects.Only doing the commutation work in a legal and reasonable way can it boost the scientific development of the penalty execution activity in our country and realize legal justice and social justice.