Court Investigation And Standardization Recommendations For Commutation Of Sentences

Sentencing standardization reform in the field of criminal justice promulgated since September 2010,the people's court sentencing guidelines(trial)",have carried out around the court sentencing standardization reform,strengthen the judge sentenced punishment sentencing process,standardize the judge discretion,visible way to realize judicial justice,eliminates the question of the public,this reform has been going on for nearly eight years,and accumulated rich experience in theoretical research and reform,has made fruitful achievements of the reform.As punishment,however,change the implementation of commutation trial procedure,the reform of the standardization of the trial has been no apparent movement,court commuted questioned by more and more,even labeled the penalty enforcement authorities and approval,the court label for examination and approval of mechanical seal.Although punishment enforcement authorities examination score as the main basis of commutation has certain rationality,but also to understanding the original crime or the victim,additional property performance elements such as comprehensive consideration,fair,open to determine the commutation.On March 5,2018,the department of justice minister zhang in "two sessions minister channel" when a reporter asked,points out that at present our country about 2 ? of parole ratio is too low,many countries of the parole ratio as high as 50 ?-70 ?,to increase proportion of parole,to not to harm the inmates of the society,through parole system to make it into the community correction.It can be seen that the criminal execution policy has been changed,and the proportion of parole and the proportion of the commutation of sentences has gradually become the consensus of theory and judicial practice.Achieve great results,in sentencing standardization reform of penalty policy is changed,and the court's trial centered lawsuit system reform under the background,this article from the Angle of commutation case before the court commuted standardization is an important topic is put forward,trying to find the "struggle" in the case should be reduced "keys",in this close under the premise of the new age background put forward ideas and Suggestions,in order to solving problems.Therefore,the first part of the article released in China by cases of commutation documents online referee documents as the basis of research material,the integrated use of keywords to classify all released documents,layered,multi-angle analysis using a variety of research analysis method,in combination with personal working experience in the trial at the same time,in-depth research commuted case status and analyze the existing problems.The second part discusses the necessity and feasibility of commutation of standardization,on this basis,the third part from the establishment of elements of type commutation comprehensive index,sentence discretion standardization "six steps",the instrument and the referee way continue to build three aspects of commutation margin specification is proposed Suggestions.At the same time in the commutation of standardization system and implement "limit commutation rate and expand the parole" this important penal execution concept,innovation commutation trial judge way,using the "change" the referee this form,the penalty enforcement agencies to meet the conditions of parole sentence case,on the premise of ensure compliance with the requirement of procedural,parole according to law.Therefore,in this paper,the commutation of standardization system construction,integration,strengthen and develop the latest penalty execution concept,is woven in the current implementation of the court trial centered lawsuit system reform and penalty policy changes,and strengthen the dominant position of the court in the case should be reduced,to ensure that in accordance with the law,science,hearing sentence case,eliminate the public on commutation case "black-box" question.