Reflection And Reconstruction Of The System Of Reducing Punishment Under Type Thinking

The commutation system is an important component of China penal execution,it is the aim for the commutation to encourage the transformation of the offenders actively and help them return to society as soon as possible.As common in practice,due to the lack of the occurrence of the commutation revocation system,making criminals "commutation in their hands,the transformation of the head," the phenomenon has occurred repeatedly,which greatly undermines the normal management order of the prison.In order to prevent criminals from getting commutation after punishment,the prison should expand the scope of the proposal to reduce the residual punishment,but it is not conducive to the legal supervision of the prosecution of commutation.As the absence of the deterrent mechanism,criminals will implement crime again soon after release,this against the purpose of setting the commutation system undoubtedly.Therefore,it is necessary to build a system of commutation revocation system in order to restore some of the bad or in a short period of time to commit new crimes in the criminal sentence.The construction of the system of the occurrence of commutation of sentence is in accordance with the purpose of special prevention.It is the embodiment of the criminal policy of tempering justice with mercy and is the requirement of strengthening the principle of the execution efficiency.It is also the inherent requirement of the running incentive mechanism.By comparing with the commutation revocation system in France,the United States and other western countries,China should combine the actual situation with the type theory system to improve the construction of the commutation revocation system and the efficiency of penalty,which brings vigor to the commutation system.