Study On The Commutation System In China

Commutation is a system of proper mitigation of the original sentence to the offenders who have been sentenced public surveillance,detention,fixed-term imprisonment.and life imprisonment and indeed have shown true repentance or exemplary behavior during the execution.It is an important criminal reward system,and is more the most commonly used method of criminal education in China.However,there exist many problems in the current commutation system during actual execution,regardless of entity system or procedural regulations,which effect the normal execution of the commutation system.The purpose of this Paper is to analyze the causes of the problems and seek solutions,so as to enable the commutation system to better fulfill its value.This Paper is divided into three parts,except for introduction and conclusion.The first part is to make a theoretical interpretation to the commutation system in China and analyze the concept,nature and significance of commutation.It also makes clear the attributes of commutation of execution,criminal reward and jurisdiction through the discussion on the nature of commutation theoretically.Finally,the significance of commutation is discussed from four aspects,including the offenders personally,their families,executive organ and the society.The second part is to analyze the problems of operation associated with the current communication system in China.Restrictions on communication are unreasonable in many aspects and are lack of operability physically.Besides unclear conditions for commutation,there is also a great difficulty in determining the performance of repentance and in distinguishing "a meritorious service"(a condition for communication)and "significant meritorious performance"(under which,communication should be granted).Specifically quantified scoring assessment adopted by punishment executive organs indicates that although criminals can actively participate in prison activities and educational reforms in prisons,it cannot necessarily show that criminals are truly repentant.Therefrom,it is hard for communication to play a corrective role on criminals.With respect to procedures of the commutation system,the lack of participation by victims,lack of participation by criminals in the commutation procedure,and procuratorial agency's nominal supervisory power over the commutation cause executive organ to take a leading role in commutation procedure unilaterally for a long time.The third part is to propose some concrete advice in improving China's commutation system on account of insufficiency of China's commutation system and the procedures and from the conditions of China's judicial reality.The operation should be strengthened and more scientific score assessment system should be established to address such insufficiency in the commutation system.Meanwhile,the engagement of all parts of the commutation should be enhanced,the court's judgment right of commutation be further implemented and the investigation and supervision of the supervision organs be strengthened for procedure-related issues.