The Performance Of Property Judgment Affects The Decision Of Commutation And Parole

In January 2017,the Supreme People's Court's provisions for the specific application of the law on commutation and parole("the 2017 Remission of parole provisions")have been implemented,and the performance of the property award in the criminal sentence is one of the conditions for the offender to be commuted and paroled.The system has certain positive meanings to improve the execution rate of property judgment,to urge criminals to reform conscientiously,to carry out the judgment duty comprehensively and to establish judicial authority,but there is still controversy about its legitimacy.This article theoretically evaluates whether the performance of property judgment can be regarded as the condition of commutation and parole,and tries to find out the performance of property-related items as the basis of commutation and parole conditions from the legal provisions and realistic demands,and at the same time,according to the case of the Q City Intermediate People's Court of Y Province in recent years,emphatically expounds the performance of property,the positive impact of the combination and parole,the analysis of the performance of the property of the contract as a commutation and parole conditions in the law and practice in the operation of the problems and shortcomings,so as to put forward some corresponding improvement measures,in order to further standardize the system,efficient,to provide some help.This article is divided into four parts:The first part expounds the relevant research situation at home and abroad,and from the purpose and function of punishment,the conditions of commutation and parole,the lenient and strict criminal policy,the controlled principle of criminal law and so on,discusses the performance of property judgment as the theoretical basis of commutation and parole conditions.The second part mainly analyse the performance of property judgment as the legal basis and realistic demand of the condition of commutation and parole.The third part,combining the actual situation of the case of Q City,expounds the performance of the property award as a positive influence on the commutation and parole conditions.The fourth part analyzes the performance of the property judgment as a condition of commutation and parole decision has problem in the legal stipulation and practice.The fifth part,aiming at the existing problems,put forward the corresponding system improvement countermeasures,(?)Perfecting legal provisions;(?)Sound advice in the administration of justice and implementation.