Research On My Country's System Of Death With Reprieve And Commutation Limitation

In the humanitarian environment,the abolition of the death penalty system has become an irreversible international trend.In order to thoroughly implement the death penalty policy of less killing and careful killing,and to make up for the defects of the penalty of "too light live penalty and excessive death penalty",the Amendment to the Criminal Law combines the basic national conditions of reducing the immediate execution of death penalty in China.On the basis of the system of reprieve of death,a restrictive commutation of sentence shall be established.As a reasonable bridge between immediate execution and suspended execution,it is of great significance for the final abolition of the death penalty.In this paper,through collecting the death penalty restriction commutation's cases that has been sentenced,sample and analysis the real situation of the application of the suspension of death limit commutation.At the same time,according to relevant theories,this paper objectively explains the application of the system of limiting commutation of sentence in judicial practice.This article is in the current situation of legislation for the reality of the case has been determined to sample analysis.The introduction of this paper introduces the author's comprehensive description of the study of the system.The first chapter is the basic theory of death reprieve restriction commutation system.This part mainly expounds the concept of the commutation of death reprieve and discusses the nature and purpose of the system.What is worth paying attention to is the value and significance of the system itself.The second chapter is the current situation of the commutation system of death reprieve.Under the current legislative situation in China,this paper makes a sampling analysis of 100 cases that have been decided in reality.Sample statistics on the distribution,traceability,discretionary circumstances and judicial application of the commutation of death penalty are carried out respectively.At the same time,put forward some problems in legislation and judicial application.The third chapter is the existing problems in the system of reprieve restriction and commutation.On the basis the second part analyzed the current situation,it is found the conflict of the death suspension,with the applicable to the principle of adapting the criminal responsibility and punishment,and with the incentive mechanism of criminal correction;In legislation,the scope of the crimes applied is limited,and the applicable discretion standards are different;In the judicial application,the punishment is limited to the acts of criminals before they are established into effect.The fourth chapter is the perfect countermeasure of the death reprieve restriction commutation system.In view of the problems existing in the third part,some countermeasures are put forward,including the principle of coordinating the system of limiting commutation of death sentence and the principle of adaptation to the punishment of crime,the relationship between the incentive mechanism of criminal correction and the system of commutation of sentence;In the aspect of legislation,we should expand the scope of application of reprieve to limit the commutation of sentence,and further define the uniform standard of sentencing for the restriction of commutation of death reprieve.In the aspect of judicial application,correcting the punishment of crime before enforcement of eight retroactive,avoid commuted applicable death limitation.