The Way To Improve The Commutation System Of China

Criminal execution of criminals is an important part of the entire criminal justice activity,and it is also the final link that enables the realization of the country?s penalty.The commutation system,as an important part of the execution system of our country's penalty system,is extremely broad in application,concerned with the vital interests of criminals,and has a significant incentive effect on criminals' self-improvement.It is an effective way to convert criminals into law-abiding citizens who have been reformed.However,various problems exposed in the application of commutation in China,such as judicial corruption,skewed application,and utilitarian penalties,severely restrict the use of the commutation system to encourage criminals to carry out educational reforms.It is urgently necessary to find and solve these problems in theory and in practice.From the perspective of the special prevention theory,this paper begins with the value orientation of the commutation system and discusses the problems existing in the commutation system.It is divided into four chapters,with a view to providing assistance for the development of the commutation system.The first chapter of this paper outlines the commutation system.First of all,it combs the origin and development of the commutation system in China and makes an evaluation.Secondly,it elaborates on the concept,nature,and function of the commutation system to lay the theoretical foundation for the improvement of the commutation system.The second chapter reviews the value of the commutation system.First of all,the general concept of commutation of punishment,that is,the retributive punishment theory an d preventive punishment theory in the view of penalty purpose are summarized.Secondly,from the perspective of the special prevention theory,the value orientation of the commutation system,that is,limited deterrence,comprehensive correction,adjustment of punishment,and maintenance of prison politics are analyzed.The third chapter firstly clarifies the status quo of the application of commutation system in judicial practice through data and case analysis.Secondly,it introduces the revision of "Provisions of the Supreme People's Court on the Specific Application of Laws in Handling Penalty and Parole Cases" in 2016,and makes clear the current problems in the legislative and judicial aspects of the commutation system.The fourth chapter puts forward su ggestions for the improvement of the system of commutation of sentences by considering the problems existing in the commutation system and the analysis of the value orientation of the commutation system.