Research On Some Problems Of Commutation System In China

At present,China’s commutation procedure is not perfect for the protection of the rights of the person concerned.In the actual implementation process,there are still "formalization" and "formalization".Looking at the typical cases of commutation in recent years,it is not difficult to find that there will still be unfair commutation due to abuse of power,Even some bureaucrats achieve their corruption purpose of accepting property through commutation.This paper attempts to analyze the problems existing in the commutation system of our country from the evolution process of our national law,the application status of commutation system in both substantive and procedural aspects,combined with two typical cases of sun Xiaoguo and Guo Wensi,and then puts forward the improvement countermeasures in line with our national conditions.The narrative ideas of this paper are as follows.Firstly,it gives a brief overview of the basic concepts of commutation,describes the laws and regulations related to commutation,then describes the content of commutation,analyzes the research status of commutation system at home and abroad,constructs the basic commutation framework through the introduction and analysis of this part,and analyzes the causes of the problems from the source of law.Through the research and analysis of typical cases,find out the problems existing in our current commutation system,refer to other literature and the application of commutation procedure in practice,find out the factual basis for the improvement of commutation,and then summarize the corresponding suggestions to solve the problems of commutation system.Because commutation involves the rights of the parties and the judicial justice of our country,we must find a solution as soon as possible after putting forward the problem.For example,why does the problem come into being and how to avoid it.Finally,it optimizes the commutation system from both substantive and procedural aspects,so as to achieve the goal of perfecting some problems in the commutation system.