Research On The Meritorious Commutation System Of Inventions And Technical Innovation

The meritorious commutation system of invention and technical innovation,as one of the manifestations of the commutation system,is actually a system of stimulation and encouragement.The system aims to encourage prisoners to strive for a smooth return to the society while correcting their mistakes,by playing a valuable role in the society with active innovation and contribution,which embodies China's criminal policy that combines leniency with severity.However,the over-principled provisions and unclear standards of the system result in the non-uniformity in practice,which is often made use of by those who seek illegal interests,even inducing corruption,or becoming a “shortcut” for individual prisoners to escape from the legal sanctions.Generally speaking,at present,the problems in the meritorious commutation system of invention and technical innovation in China are as follow: at the substantive level,there exist problems like the lack of legal concepts of invention and technical innovation,unclear specific standards,and comprehensive applicable regulations.In the judicial practice,the procedures of the prison is unreasonable,and the right to request penalty reduction is monopolized by the prison;the administrative procedures and formalization of the trial procedure affect the quality of solving the commutation case;the weak supervision power of all parties makes it impossible to find and correct the misconduct in the commutation procedure in time.Given this,it is recommended to improve relevant laws and judicial interpretations,clarify the concepts of invention and technological innovation in the system of commuting the sentence with contributions,establish quantitative scoring standards and standardize the penalty reduction procedures,set up a strict system of criminal investigation and supervision,and revoke the illegal commutation.It is hoped that the substantive examination and the procedural openness of the meritorious commutation system of invention and technical innovation will be promoted,the deterrent effect of criminal penalty mechanism will be exerted,the loopholes will be blocked,and the commutation system will be able to operate smoothly and transparently.This research is mainly divided into three parts.The first part introduces the formation and status quo of the meritorious commutation system of invention and technical innovation in China,and elicits the problems lying in the system.The second part analyzes the problems about the substantive and procedural issues of the system.The third part explores the feasible solutions to the aforementioned problems from both the substantive and procedural perspective.The substantive part defines the concept and the standard of recognition.At the same time,it puts forward reasonable application rules.The procedural aspect provides suggestions on improving the implementing procedures of prisons,courts,procuratorates and other subjects.