Theory Commutation Of Applicable Law

In China's current criminal law,commutation is a kind of penalty execution system,but the commutation has not negated the legal effect of the original ruling of the people's court,nor has it changed the original sentence.Commutation criminals to prison is a reward of subjective and objective performance,and this kind of reward to combine sentences the essence of the subjective and objective elements,therefore,commutation system rehabilitation,positive transformation of criminals return to society plays an important role.About commutation system in the current penal system in our country there are many imperfections,so that people began to doubt the necessity of the commutation system,and began to doubt whether the commutation system is conducive to the reform of prisoners,crime prevention,and even some theorists proposed to abolish the commutation system.But the commutation system,as an important system in the medium and long term of the penal system,must have its rationality.Therefore,I try to use my shallow legal theory to discuss the necessity of the commutation system in China based on today and imperfections,and on this basis discusses perfects our system of commutation method,and discusses the value of the commutation system,hope to make the functioning of rehabilitation and crime prevention,achieve the goal of penalty.In this paper,the structure mainly divides into five major parts,the first plate sentence summary of basic theory,mainly discussed the current commutation system related theory knowledge and the historical evolution process,as the full frame foundation.The second section case analysis,through the outstanding problems existing in the current commutation system and combined with typical cases to analyze the commutation system is not perfect.Third sector solution,combined with the second case analysis of the plates,discusses commuted the cause of the mess,from the years outstanding problems and phenomena that exist in the commutation system put forward their views.Worth thinking about 4 plates,after analyzing the phenomenon and put forward their views,further analysis was carried out on the value of the existence of commutation system thinking.Perfect measures 5 plates,combined with specific problems that exist in the commutation system and its value orientation,the perfection of their corresponding measures are put forward.The use of the commutation system embodies the concept of the criminal law of tempering justice with mercy,but in such a developed day of its legislation,judicial practice there are still shortcomings.The conditions for commutation essence of broad fuzzy,leading to a trade power fraud occurrence;Commutation information not in time,let the social public doubts.Strictly regulate commuted object requirement and the real conditions,the commutation of specific quantifiable standards,to ensure that every active rehabilitation or significant meritorious service of criminals are able to get their fair sentence.