Problems And Countermeasures Of Commutation System In China

In China,commutation system is a judicial activity of changing the execution of penalty,an important part of our country's penalty system,as well as an important system of commutation in our country's criminal law,criminal procedure law and other legal provisions.Similarly,the execution of the commutation system in judicial practice also reflects our country's criminal policy of combining punishment with leniency.The establishment of commutation system and the smooth implementation of this system in judicial practice are of great significance in encouraging criminals to reform actively and promoting the return and integration of criminals into society.It is undeniable that,from this point of view,the commutation system has great significance in promoting the construction of the rule of law in the country.The commutation system is an important penalty execution system in China.The general content of commutation system is that in the process of executing penalties to criminals sentenced to the four types of penalties stipulated in Article 78 of the Criminal Law of our country,the executing organ of penalty shall,in accordance with the procedure prescribed by law,eventually mitigate the original sentences of criminals who show repentance or meritorious performance so as to show that their actual harmfulness has been greatly weakened or even eliminated.The purpose of commutation system is to strengthen the value orientation of criminals' reform,so as to realize the reform of criminals,and ultimately to reduce crime.According to the provisions of our criminallaw,commutation is mainly divided into two categories: special commutation and general commutation.Special commutation of sentence refers to a criminal sentenced to death with suspension of execution who commits no crime intentionally during the period of suspension of execution of death penalty.After the trial period of suspension of execution of death penalty expires,the sentence shall be commuted to life imprisonment according to the provisions of the law,or directly commuted to fixed-term imprisonment due to his significant meritorious performance during the period of suspension of execution of death Commutation refers to a part of the original sentence subtracted from a criminal's sentence due to conscientious observance of prison rules,education and transformation,true repentance or meritorious performance.According to the conditions of applying commutation in criminal law,commutation can be divided into repentance commutation and meritorious commutation.In judicial practice,there are very few cases where criminals have rendered meritorious service or performed major meritorious service.Therefore,the application rate of commutation of meritorious service is very small,and the commutation of penalty by repentance is the most widely used.The commutation system plays an important role in China's criminal justice practice.With the promulgation of China's Criminal Law,Criminal Procedure Law,Prison Law and other laws,the promulgation of amendments to the Criminal Law(8)and(9),as well as the promulgation and implementation of Provisions of the Supreme People's Court on Several Questions Concerning the Specific Application of Mitigation and Parole Cases and Provisions of the Supreme People's Procuratorate on Mitigation and Parole Cases,the commutation system has gradually entered into force.With the development of legalization and standardization,the legal system involved in commutation system is gradually becoming perfect.Judicial practice also proves that the commutation system in China hasplayed a tremendous and even irreplaceable role in promoting the reform of criminals.However,from the beginning to the gradual development of the commutation system in recent decades,China's commutation system has exposed some problems in legislation,judicial application and enforcement,and the rationality of the commutation system,the attribution of the so-called commutation right,inadequate procuratorial supervision,criminals can not participate in its commutation trial process,how to further.There has been no interruption in the debate and Discussion on improving the commutation system.This article mainly focuses on the summary of commutation system,the problems existing in commutation system,the reasons for the problems existing in commutation system,the practice of commutation in some foreign countries and the countermeasures to improve our commutation system.The first part is the summary of commutation system.It mainly elaborates the meaning of commutation system,the theoretical basis of commutation system,and our commutation system.The development course,the relevant laws and regulations on commutation system and the role of commutation system;the second part,the author puts forward that there are three aspects of commutation system in our country: legislative level,judicial level and legal supervision.The author runs through the writing of the full text with problems and analyses them,and finally comes up with solutions;the third part is based on the judicial reality of commutation system in our country.The fourth part mainly refers to the practices of some foreign countries in commutation system,mainly for the "good deeds reduction system" of the United States,the commutation system of France,and the "progressive extramarital affairs system" of Australia,and discusses the general situation of commutation research in three countries.The fifth part is about the improvement of the commutation system in our country,focusing on the countermeasures to solve theproblems existing in the commutation system in our country,including the establishment of unified commutation provisions within a certain range,the further refinement of the applicable standards of the relevant provisions of the commutation system,the implementation of special parole system,the commutation test period system and the commutation revocation system.To straighten out the current prison management system,grant the procuratorial organs the right to submit commutation of sentences to criminals,publicly guarantee the rights of prisoners,optimize the current customary practice of courts in handling commutation cases,ensure that the parties can effectively participate in commutation procedures,comprehensively strengthen the status of procuratorial organs as legal supervision organs,and introduce social supervision,etc.