Research On The Judicial Application Of The Commutation System

The first chapter is an overview of China's commutation system.It includes the origin,development,current situation and function;The academic circle has elaborated the historical evolution of commutation system in China from many time dimensions.This paper only gives a brief overview;Then,starting from the two main lines of commutation conditions and procedures,this paper summarizes the system and content of commutation system by means of chart and text.Finally,the function of commutation system is explained from three aspects of criminal,executive organ and society.The second chapter combs the problems.Through actual cases and data verification,it is found that there are problems in the substantive,property,timeliness,leniency and meritorious conditions of commutation in terms of identification results,identification methods,fairness,policy and rationality.Along the time line of commutation procedure,the problems include: long period of Collegiate procedure of executive organ,excessive concentration of starting power;The procuratorial organ lacks supervision before the request,and the supervision after the judgment lags behind;The function of court judgment tends to be administrative,and the commutation of sentence is formalized.The third chapter analyzes the reasons.In terms of commutation conditions,the substantive conditions of commutation are lack of detailed and quantitative case handling standards;The property punishment linkage mechanism does not consider the real performance ability of criminals' property punishment,which leads to the lack of legitimacy;The system of commutation for meritorious service is green all the way,the imbalance between justice and utility;The limitation of commutation time is uncertain due to human factors;It is difficult for the old disabled criminals to reach the leniency and commutation standard that they can't take care of themselves.In the aspect of commutation procedure,the five level collegiate system is coupled,and the starting regulation of commutation procedure is unreasonable;The procedure of starting right of supervision commutation is lack,and the time limit of examination ruling is too long;The written trial of commutation cases accounts for a large proportion,and the trial of commutation in court lacks antagonism.The fourth chapter puts forward suggestions.Perfect the specific application of law provisions of commutation: unify the integral quantitative standard,link up the commutation conditions,and form the commutation standard with strong operability;Reset the positioning and function of the property penalty linkage mechanism,weaken the relationship with the change of penalty;Optimize the conditions and reward content of commutation for meritorious service,and give both material and spiritual rewards;The starting time and interval of commutation should be set fairly to avoid human factors;We should lower the threshold of lenient commutation for vulnerable groups and implement corresponding criminal policies.To optimize the basic procedures of commutation system: quantitative sequencing and two-level collegiate start to complete the commutation process;The right of supervision and submission should be moved to the source to solve the problem and shorten the time limit of supervision and feedback afterwards;We should set up a trial court in prison to improve efficiency and optimize the proportion and antagonism of court sessions.The last part of the conclusion restates the research background and significance of commutation system.