Research On Protection Of Human Rights In The Execution Of Punishment

The commutation of punishment of a criminal may encourage him to repent and improve execution efficiency and cost savings, and the correct execution. It may contribute to protect the legitimate rights and interests of such criminals. More important is that the dignity of Criminals from the new might be respected by commutation. The goodness of criminal may be inspired. From this perspective, the commutation of Criminals will definitely protect human rights of criminals. On July1,2012, the Supreme People’s Court issued a paper named as Some Issues concerning the Specific Application of the Law to Commutation of Sentence, Parole Cases, which is the official implementation for the Improvement of the remission system, especially commutation, which will enhance the function of the protection of human rights. But the commutation provisions on the protection of human rights of Criminals still have substantive and procedural issues. The commute jurisdiction shall be substantive trial power. The commutation of sentence shall be extended to objects from the existing provisions of death sentencing with reprieve of life imprisonment reduced to imprisonment and offenders found to be guilty of other crimes. The commutation conditions and standards shall be defined meticulous and scientific, commutation period more explicit and procedures-including change without complaints trial mode for neutral trial mode, the establishment of a fair and transparent commutation discretionary procedures, perfect commutation supervision system to be improved. Especially is the case for the death punishment with reprieve of life imprisonment which is reduced to imprisonment and the implementation of multiple crimes, require a court to consider in the retrial process in order to ensure the fairness and to facilitate the protection of the human rights of the accused or criminals.