An Empirical Study Of Commutation System In China

The commutation system of our country is a very important and regular judicial activity,because its great superiority occupies a decisive position in the process of penalty execution.Commutation system can not only benefit to the criminal detention,education,and to save but also can reduce remission according to their personal risk,save the judicial resources,comply with the penalty purpose,humanitarian,the theory of individualized and recognized by countries.However,in the long term,due to less research and practice in the theory circle,the phenomenon of the punishment of false achievements has been repeatedly banned,which has aroused the public's reaction to this excellent system.The reason is that the relevant provisions are not perfect and reasonable.Therefore,in 2017 the supreme people's court to implement the "on the provisions of the law of the concrete application case to handle the commutation and parole".However,the act is not enough to go by itself.Although the procedure has been established,the basis of the trial activities of commutation cases is more standardized,but there are many problems that need to be solved in judicial practice.In this paper,through the way of study,four prison in L city as research object,from the Angle commutation concepts and related theories,based on the basis of empirical research in the former request,make trial stage,post-supervision phase in three link,find entity and procedural problems and the improvement of the corresponding Suggestions are put forward.This paper is divided into four main parts: the first part is an overview of the commutation system,in the perspective of the concept and related theory,to find theoretical support for the justification of the system of commutation,the commutation system according to the applicable condition of further understanding of its connotation and extension;The second part is the empirical investigation of commutation system in China,from the four prior to prison by the stage,make trial stage,post-supervision phase three link for empirical research and analysis,find out the phenomenon and law;The third part is the problem of commutation system in our country and its reason,through the investigation and analysis of the second part,respectively from the aspects of entity and procedure put forward the problems and causes of the problem;The fourth part is the improvement of the system of commutation Suggestions,through the analysis of the above reasons,on the entity targeted requested by perfecting basis,the abolition of the unscientific hidden rules,establishing commuted to cancel perfect system and strengthening supervision way,on the program targeted through perfecting the proceedings,the right to give the criminal attorney and endow the victim in the form of participation and perfect.