Research On The System Of Reducing The Sentence By Invention In Our Country

"Invention and creation" is one of the major meritorious situations stipulated in China’s criminal law,and it is one of the important conditions for commutation of punishment in china’s penalty change enforcement system.As a criminal incentive measure of our country,"invention and creation" is first seen in the Regulations of the People’s Republic of China on Labor Reform,which initially recognizes the role of "invention and creation" in the labor reform and crime prevention of our country’s criminals.From the point of view of utilitarianism,it is of great theoretical and practical significance to study the system of"invention and creation" and commutation of sentence.In the current judicial practice,China’s invention and creation of a system of commutation of sentences exposed many problems."Invention" in the context of the situation of major achievements should meet the conditions of "making a significant contribution to the state and society",in practice,the overall conversion rate of all inventions and creations of our prisoners is low,not actually put into production and use,and widely circulated in the society.Some inventions do not meet the substantive criteria of "making a significant contribution to the state and society".We should be more clear about the connotation of "invention and creation" in the context of the situation of major achievements,distinguish between "invention patents" and"inventions",distinguish between functional invention patents and non-job invention patents within "invention patents",and divide different levels of achievement according to the degree of contribution of substance to the state and society.At present,China’s invention and creation of meritorious commutation system in the application of the unfair phenomenon of commutation of sentence,invention and creation of meritorious commutation of sentence internal and compared with other major meritorious circumstances prone to the problem of the imbalance in the scope of commutation of sentence.Mainly because the invention and creation only provides for a single level of "significant merit",in order to ensure the fairness of commutation of sentence,China’s invention and creation of work to reduce the penalty internal need to clarify the"utility model patent" and "design patent" positioning,China’s prisoners through invention and creation to apply for a commutation of sentence needs to limit the start time and interval of commutation of sentence.In judicial practice,the system of reducingthe sentence by invention in our country often appear in the phenomenon of illegal commutation of sentences,on the one hand,prisoners try to use "false inventions" to reduce the sentence by violating the law;On the other hand,the relevant national workers practice favoritism and cheat,and they commute offenders who do not meet the conditions of "invention"commutation.The essential reason is that our country has many legislative loopholes in the commutation procedure of invention-creation meritorious service.Penal enforcement agencies have sole discretion to request commutation rights,and procuratorial agencies have not paid much attention to the supervision of inventions for commutation of penalties in the supervision of penalty enforcement activities.Based on this,our country should improve the application procedures for "invention" meritorious deduction.When submitting suggestions for commutation,we should control the penalty enforcement agency accordingly,and strengthen the supervision of the procuratorial agency for "invention" meritorious deduction in prisons.