Analysis On Suspended Execution Of Death Sentence For Commutation Limit And Method Improvements

The Amendment(8)to the Criminal Law of the People's Republic of China,which entered into force on 1 May 2011,added a moratorium on death sentences,To a great extent,the establishment of the system of death penalty restriction and commutation makes up for the present situation of punishment of "death penalty is too heavy,life sentence is too light" in our country,alleviates the social contradiction,and is also a positive response of our criminal law penalty system.It is of great significance in the history of our country's penal system that the system of death penalty reduction is helpful for the court to judge the death penalty cases more scientifically and meticulously.As one of the first penalty execution systems in our country,the system of death-suspension restriction and commutation of sentence has revealed some problems and shortcomings in the application of trial in recent years.The first part summarizes the legislative background,meaning,attribute and value implication of the system,which is helpful to better understand the purpose of legislation and point out the direction for the application of the system in trial practice.This paper summarizes the focus of academic controversy and lays the groundwork for case analysis and discovery.Of course,to fully understand a system,simple legal analysis is obviously inadequate,more importantly,need to return to judicial practice.In the second part,the author takes Jiangxi Province as the limited scope,collates 107 cases from May 1,2011 to May1,2019 as a sample,and summarizes the current application status of the system from the aspects of subject age,application of charges,type of recidivism combination,retro-activity and sentencing circumstances.The third part,based on the data of the previous chapter,summarizes the shortcomings and shortcomings in legislation and administration of justice of the system,as follows: too narrow scope of application of death penalty,corruption,drug crime and serious intentional injury are not included in the scope of commutation.The judge's lack of standard discretion on all kinds of sentencing circumstances in the case leads to the phenomenon of "different judgment in the same case ".And the author through the way of interview judges,explores the impact of the death penalty to limit the application of mitigating factors.The fourth part mainlyaims at the problems raised in the third part,and gives practical and feasible suggestions and improvement measures on the basis of analyzing the causes of the problems.Such as reasonable widening of the scope of application of the death penalty restriction commutation,detailed differentiation of different types of recidivism,standardizing the unified judge's sentencing decision thinking,adding the death penalty restriction commutation restoration right procedure,and guarantees for the independent exercise of criminal jurisdiction by judges.