The Study On The Application Of The Crime Of Commutation Of Personal Malpractice, Parole, And Provisional Execution

Commutation of punishment, parole, temporary execution outside prison execution crime is typical of the crime of dereliction of duty and the origin of the charges can be traced back to the 1997 Criminal Law of the crime of bending the law, legislation reason the charges from from, China to curb judicial officer in the execution of punishment in crimes of dereliction of duty behavior determination. Commutation of punishment, parole, temporary execution outside prison behavior disturbed the the normal order of the judicial organs of punishment, damage the credibility of the judiciary and judicial justice. As the judicial practice of the relevant judicial interpretation is not in place, scholars and judicial practitioners on the relevant theoretical understanding of the place, to a certain extent, caused the judicial workers to the crime of the crime, the application of low, applicable scope, improper application of the law, the penalty is not accurate, the impact of the crime, damage the credibility and authority of our country, the construction of the rule of law. Requires that the subject of the crime of "judicial personnel" have three conditions:judicial official, authority, initiative:Objective manifestations of the crime in practice for "does not conform to the commutation, parole, temporary execution outside prison criminals get fake temporary reduction, initiative and passive; to change the charges" favoritism illegal commutation, parole, temporary execution outside prison execution crime can engage in malpractices for selfish ends, to meet the reduction of fake temporary conditions of the criminals will not be reducing false temporary behavior into the evaluation of the crime. The crime behavior should be the object commutation, parole, temporary execution outside prison punishment execution procedure, "favoritism" is the subjective element of the crime, judicial workers on the reasonable explanation is conducive to give full play to the deterrence of the socialization of execution punishment dereliction of duty. The non identity does not constitute a common perpetrator of the crime, can only be abettor or accessory. Competes the crime often and taking bribes, blindly the two crimes may be caused by the crime and punishment does not adapt, in practice if the "bribery" as favoritism commutation, parole, temporary execution outside prison crime of aggravating circumstances to consider. It can not only avoid pardon fin bribery and corruption anti fake temporary behavior of double evaluation, but also can improve the criminal law efficiency, realize the principle of suiting punishment to crime.