Study On The Problem Of Commutation And Countermeasures In China

In our country,prison is the most important place for penalty execution.Its main role is to punish and transform criminals and maintain social harmony and stability.The system of commutation is the most important link in the execution system of penalty.Through the main means of punishment,the purpose of transforming and saving the prisoners is the basis of the transformation of the personal danger of the criminal during the period of serving the sentence.The difference in punishment that highlight treatment principle,but also reflects the criminal policy in China wide strict Jinan's spirit.In our country,the system of commutation is widely used in the whole process of penalty execution.It is of great significance to encourage prisoners to confess repentance,observe discipline and discipline,and actively transform them.It also plays an important role in the judicial practice of our country.However,no system is perfect.Compared with investigation,arrest,trial and litigation procedure,commutation system has not yet been legalized,standardized and systematized.Through years of practice of penalty execution,the author analyzes and compares the shortcomings existing in our commutation system,and puts forward rationalization proposals.This article is divided into four main parts:the first part is about the basic principle of the commutation system,which includes the meaning of the commutation system,and emphasizes the main function of the commutation system,and the second part mainly tells the state and Enlightenment of the foreign countries,which introduces the countries outside the country.The setting of commutation conditions and the procedure of commutation are also related to the attribution of the power of reducing the sentence,and the Enlightenment of the system of foreign system on the system of commutation in our country is emphasized.The third part is the key part of this article.First,it focuses on the current situation of our country's commutation system,and then analyzes the commutation policy documents used in the execution of commutation in China in the last ten years,and gives a specific introduction to the subject of commutation,the frequency of commutation and the extent of the reduction of penalty.The fourth part is to put forward their own rationalization proposals for the change of the commutation system,some of which are the author's originality in the work practice.The emphasis is put on the formulation of special regulations on commutation,the optimization and improvement of the specific content of the commutation system and the mechanism of commutation.