Remission System In China To Study

Commutation system, an important execution system in China, is a general legal encouraging measure as well. However, in current criminal practice, commutation system also needs to be optimized furtherly in many ways. By analyzing the general theory on commutation system and concentrating on its defects and suggestion of pefection, this paper tries to put forward some ideas for enhancing the efficiency of the judicial operation to achieve the goal of penalty. This paper consists four parts :First part: Outline of commutation system. This part introduces the historical origin of commutation system at first, elaborates afterwards its theroretical foundation, points out that the foundation of commutation system lies in promoting realization of purpose of penalty. The concrete theroretical foundation of commutation system includes the education punishment theory, individual punishment theory and the economic principle of penalty. It is the meaning of commutation system research finally, pointing out that the punishment of responsibility for an offence meets the embodiment in the course of carrying out in penalty of the principle to give commutation, commutation system could shift and promote criminals to transfor, prevent people committing crime and keep the supervision order of prison.Second part: Reading of current commutation system of our country. Firstly, by an introduction of our current legal provisions of commutation, the paper gives the concept of commutation system, then it presents us applicable conditions of commutation system, including substantial condition, essential condition, target's condition and limit condition. As a close of this part, it presents us the operating mechamism of commutation system, explaining mainly the scoring-inspection operating mechanism and examination-approval operating mechamism.The third part: Defects of current commutation system of our country. This part points out that the existing commutation system lacks constraint force for aftermath solution due to its unidirectional suitable execution system of penalty; This part also describes the demerits of scoring-inspection operation mechanism...