The Study On The Applicable Conditions Of The Restrictions On Commutation Of Death Penalty With Reprieve

The applicable conditions concerning restrictions on commutation of death penalty with reprieve(simplified as“limit commutation system”below),are the requirements of the various preconditions for the decision of whether or not to imposing restrictions on commutation to the prisoners who have been sentenced to death penalty,which influence the judges' choice of whether to impose restrictions on commutation or not.Restrictions can be imposed on the commutation of death penalty with reprieve only when preconditions are met.According to the provisions of Criminal Law,the applicable conditions for limit commutation of stay of execution include three categories: preconditions,object conditions,and plot conditions.The interaction between these three types of conditions determines the rules of restrictions on commutation of death penalty with reprieve.Through research on these three kinds of conditions,it is possible to distinguish the boundaries between immediate execution of death penalty,death penalty with life in prison and general death penalty.Through the teleological interpretation of all kinds of conditions,it is helpful to realize the correct and orderly evaluation of the facts of the case,and then standardize the application of restrictions on commutation of death penalty with reprieve,thus promoting the judicial justice.The first part of this thesis is the basic theories concerning suspended death penalty with limited commutation.Through research on the history of birth,legislative and development of limit commutation system,this paper discusses the essential attributes of limit commutation system—as part of the system of death penalty with reprieve,and affirms its important value in the aspects of protecting fairness and justice,adjusting the penalty structure and respecting the protection of human rights..The second part is the empirical research on limit commutation system.Based on atotal of 680 copies of immediate execution of death penalty,restrictions on commutation of death penalty with reprieve and general death penalty,the integrated use of graphics and tables,this section showst he judicial status quo in China in recent year,in the aspect of the application of restrictions on commutation of death penalty with reprieve,from the temporal and spatial distribution of the case,the crime involved,the characteristics of criminals,the cause of the crime,subjective attitudes,behavioral characteristics,and results The law,sentencing circumstances,and the logic of the referee demonstrate the judicial status quo in China in recent years for the application of the death penalty to limit commutation.The third part is the analysis of the issues of limit commutation system.Based on the analysis of legislation and empirical research respectively,this paper summarized six aspects of problems of limit commutation system.These problems are unclear legal language,ambiguity between conditions,ambiguities in the scope of the crime,and plot selection confusion,disorder in case guidance,and interference with extra-legal factors.The fourth part is the specific applicable conditions of limit commute system.On the on hand,from the perspective of metaphysics,this essay analyses the essential conditions for the application of limit commutation system,and summarizes these conditions into three basis: normative basis,theoretical basis and criminal policy basis.On the other hand,from the perspective of physics,this essay analyses the formal condition for the application of limit commutation system,and categorizes these conditions as follows: preconditions,object conditions,and plot conditions.Under the circumstances of satisfying the preconditions,we should understand and apply specific crime plot conditions according to different object conditions.The fifth part is the specific applicable rules of limit commute system.Starting from the retaining of death penalty,this section systematically summarized the specific rules for application of limit commutation system.The choice of the applicable conditions concerning restrictions on commutation of death penalty with reprieve is a relatively flexible referee process.There are both legal and normative issues,as well as criminal policy issues and even sociological issues.It is hoped that through the correct understanding of the applicable conditions and the standardized use,the balance between crimes and punishments will be achieved,and the fairness of individual cases will be achieved on the premise of guaranteeing discretion of judges.