Research On The Problem Of Commutation Procedure In China

There are many problems in the current commutation procedure of our country in terms of legal provisions and judicial practice,which are mainly manifested in the scattered and low rank of legal provisions,the relevant provisions are mostly judicial interpretations and departmental normative documents,the administrative color is strong,the litigation characteristics are not obvious,the "one reduction and final reduction" has no revocation procedure,the main body of procedure initiation is single,and the prisoners have no right to start the procedure;The lack of investigation on criminals' psychological state,personal danger,re-socialization ability and labor skills;the difficulty of in-depth substantive trial;the difficulty of individualization;the lack of legal supervision;the absence of victim participation mechanism;the non-revocation procedure and so on.The problems existing in the commutation procedure are due to both the reasons of procedure setting and the reasons of practical operation.From the international perspective,parole is the main way to change the execution of penalties,and commutation system is not dominant.In China,the opposite is true.From the development trend of the change of penalty execution,China should gradually increase the proportion of parole in the field of the change of penalty execution,and gradually reduce the proportion of commutation in the field of the change of penalty execution.In view of the fact that commutation has been applied for a long time in the field of penalty execution in our country,and there is still much room for application in the field of penalty execution change in our country at this stage,it can not be abandoned abruptly at present.Therefore,at the present stage,we should base ourselves on the reality of our country and draw lessons from foreign commutation procedure settings,optimize our current commutation procedure from the level of legal provisions and practical operation,so that it can adapt to the actual changes in the execution of penalties in our country,so as to maximize its positive role.