On The Current Situation,Problems And Improvement Of The Implementation Of China’s Commutation System

Commutation system is not only an important part of Chinese current penalty execution system but also important and sensitive in the process of penalty execution,which is concerned by criminals,their families and the whole society.The correct implementation of this system will be conducive to the initiative of criminals,so that they can obtain the hope of commutation.By following it,they can reduce their concerns and focus on correcting their own mistakes.At the same time,it can also ease the conflicts between criminals and society,and educate relevant personnel.In addition,the application of commutation can also play a lot of roles,such as alleviating prison competition,saving supervision costs and relieving prison order pressure.It has been proved by many cases that commutation system plays an increasingly important role in Chinese criminal execution.However,with the wide application of commutation system,many problems such as non transparency of information at the request stage,lag of supervision mechanism and possibility of hidden box operation are gradually exposed in the process of implementation,which have attracted much more social attention and extensive discussions,like "Sanlu milk powder chairman’s three commutation cases" and "Zhang Hai commutation case" have aroused heated discussion among thewhole people.Therefore,this paper will take one prison in Zhejiang Province where the author works as an example to analyze and summarize the current situation and existing problems of commutation system,and on this basis put forward relevant countermeasures.The first part is the summary of commutation system.This part discusses the theoretical basis of commutation system by elaborating the concept of commutation,introduces the commutation system to some extent,and clarifies the provisions of commutation system in criminal law,criminal procedure law,other legal norms and judicial interpretations over the years.The second part will describe the current situation of the implementation of commutation system.This part discusses the implementation rules of commutation system in detail from two aspects of commutation conditions and procedures,so as to summarize the implementation status of Chinese commutation system.The third part discusses the problems in the implementation of commutation system.It takes the same prison as an example to analyze various problems existing in the judicial practice of the commutation system,including unreasonable commutation mechanism,vague definition of commutation conditions,difficulty in identifying the performance of property sentence items,lack of commutation cancellation mechanism,etc.The fourth part is the suggestions to improve Chinese commutation system.In view of a series of problems existing in Chinese commutation system,it willput forward suggestions to improve these problems from multiple perspectives,including improving commutation procedures,clearly defining commutation conditions,formulating reasonable commutation standards,improving commutation cancellation system,and reasonably constructing commutation supervision mechanism.