Research Of The Standard Of Reprieve Limit Commutation

With the trend of the abolition of the death penalty all around the word,in order to carry out the policy to killed cautiously and to compensate the too light penalty,Criminal Law Amendment(8)on the basis of the reprieve system of death penalty,added reprieve limit commutation.Reprieve limit commutation as the transition between the immediate execution and the postponed death sentence,it has significant impacts on the death penalty system.This paper makes an empirical analysis on the macro and microscopic level of the standard application of reprieve limit commutation using case study of intentional homicide.By reviewing the application of this system in the judicial practice,this paper combines the relevant theories and makes self-examination and perfection.This article is divided into introduction,the body and the conclusion.Introduction mainly carries out the significance of the system of reprieve limit commutation,current situation and research methods.There are three chapters,the first chapter is the macroscopic research of the application condition of reprieve limit commutation,the second chapter is the microanalysis of sentencing,and the third chapter is the suggestions for standard application of reprieve limit commutation.In the first chapter,this paper makes a survey of the condition of the application of reprieve limit commutation and finds: "Evaluation of the heap-style" sentencing methods accounted for a large proportion;there is no unified path or procedure when making a reprieve limit commutation decision;the reason of reprieve limit commutation is not clearly;the sentencing circumstances are repeatedly considered.In the second chapter,firstly the author observes the influential factors of reprieve limit commutation in judicial practice under controlled variable conditions using SPSS contingency table interaction analysis.The result shows that: criminal means,place of crime,harmful consequence,victims’ fault,causes of crime and voluntary surrender are related to reprieve limit commutation.And then,observes what kind of sentencing circumstances still have statistically significance with the reprieve limit commutation using binary logistic analysis on the condition that there are many independent variable.The result shows that: criminal means,place of crime and harmful consequence have positive correlation with reprieve limit commutation,victims’ fault,and voluntary surrender have negative correlation with reprieve limit commutation.By comparing with the law,it is concluded that the judge has a relatively high degree of arbitrariness in applying the reprieve limit commutation.In the third chapter,this article makes suggestions about the standard application of reprieve limit commutation from the macro and micro aspects.The nature,purpose and the logical order of the reprieve limit commutation in the whole death penalty system will affect its decision-making path.in order to solve above basic problems,this paper makes “ought to be ” analysis: restricting commutation is a special form of reprieve;restrictions on commutation of sentence should be considered after probation;the application of limitation of commutation is a matter of sentencing,and should not be violated by the principle of "prohibition of repeated evaluation";the reprieve limit commutation’s logical sequence in the whole death penalty system is: the reprieve system of death penalty--reprieve limit commutation--immediate execution.In this base,the author makes suggestions: to establish the standard path and standard penalty sentence circumstances.In the Conclusion,this paper emphasize again,in order to play it’s role effectively,the system of reprieve limit commutation’s actual effect and application value need to be tested in practice.Especially,the substantive Conditions need to be defined and the procedure should be defined strictly.