Research On The Operation Of Commutation Procedure In China

The commutation procedure is an important part of the operation of the commutation system.It takes an important guarantee role for maintaining and promoting the justice of the commutation system.The standardized operation of the commutation procedure can stimulate the criminal's reform initiative and promote its re-socialization,but the improper operation will cause more serious secondary harm to the victims and society.In practice,the emergence of related procedural issues have caused a certain shock to the legitimacy and fairness of the operation of the commutation procedure,and it is urgent to resolve these issues.However,most of the existing research on commutation still remains at the substantive level,research on procedural issues is relatively scarce.The author hopes to find out the problems in the operation of the commutation procedure through in-depth analysis of both the legislation and the judiciary of the commutation procedure,and proposes a targeted optimization path for the commutation procedure based on the feasibility of Chinese judicial practice.The article is mainly divided into four parts.The first part is an overview of the commutation procedure and it's value analysis.The second part is based on the operational analysis of the commutation procedure in China.for example,the design of petition procedure is too tedious,the documentary judgement is not public,formatting problem of referee documents,and shortcomings in procuratorial supervision.The third part is the description and comparison of foreign commutation procedures.It analyzes the French penal judge system,the Italian supervisory judge system,The contents of the parole committee of commutation system in the United States and the early release system in the United Kingdom in terms of petition,judgment,and supervision aspects,It hope to find some proper ways to solve the problems of commutation procedure in China,such as single submission subject onnomination stage,poor review ability of judge,and weak supervision means of procuratorial officer,etc;The writing thought of fourth part is based on the practical problems in the operation of the Chinese commutation procedure and the experience of other countries.The author points out that the operation principles and the content of the operation should be optimized separately.The optimization of operating principles includes the genealogical principles by combining the procedures with practice content,the principle of judicial integration of commutation,and the protection principle of procedural rights.In addition,the content of operation should concentrate on weakening the administrative components of the whole procedure,strengthen the legitimacy operation of the trial procedure,and improve the substantive capabilities of the supervision and inspection.It is aimed at basing on the Chinese juridical practice to put forward targeted optimization opinions to solve the problem of commutation procedure.