Study Limitations Commutation System Of Reprieve

Reprieve limit commutation system is in the “Criminal Law Amendment(eight)” in the newly created, its scope of recidivism and intentional homicide, rape,robbery, kidnapping, arson, explosion, put dangerous substances or organizedviolent crime was sentenced to death row criminals, which for the change of thedeath penalty is too heavy, too light phenomenon born punishment is significantrestrictions commuted reprieve through research, can make a difference to theirtheoretical study and practical application help.Reprieve rom restrictions commutation system implementation started in May2011, so far the implementation of life is relatively short, so still in the exploratorystage, the case shall be implemented only through the guidance of the SupremeCourt, there are still more questions, although the applicable conditions provision is"1+8" form, but also need to be clear or eight kinds of behavior are eight kinds ofcharges, only provides a reprieve commutation limit of reprieve, deprivation ofpolitical rights without the corresponding provisions need to be clear, as well as theapplicable procedures and time effectiveness of specific research needs to beclarified.The main argument in this article uses two methods to elaborate.1. caseanalysis, the paper search publish guidance from the Supreme Court case concerningrestrictions reprieve commutation system implementation, a brief analysis of theapplication of the system and the focus of controversy, through case analysis leads tothe subject of this article, so the article on the one hand there is a gradual effect, onthe other hand the reader a more intuitive understanding of the main issues of thesystem.2,Literature survey, this paper Chinese HowNet, Chinalawinfo, VIPperiodical resource integration services platform to limit the commutation reprieve asa search restrictions, search for relevant literature66. This paper is divided into fourparts:The first part, the basic theory of reprieve limit commutation system. In thissection, first, the author introduces the concept of a reprieve from the start commutation limit, any theory needs to first understand what it is to talk, to revealthe history and causes of its ups and downs, limit the development of reprievecommutation system background; second, the author describes the guiding ideologyof reprieve limit commutation system, namely the criminal policy of combiningpunishment with leniency, with the correct ideological guidance reprievecommutation system to restrict the smooth development; third, China reprievecommutation system should limit principles to follow, there is the principle oflegality, the principle of suiting punishment, the death penalty in favor of theprinciple of strict implementation of the policy, the principle of appeal not Infliction,with the principle of limiting reprieve commutation system to move in the rightdirection.The second part, the applicable limit reprieve commutation system should payattention to. Due to restrictions reprieve commutation system is the creation of a newsystem, so in judicial practice the following aspects should be noted, first, thereprieve restrictions apply object remission system,"Criminal Law Amendment (h)"were simply in the regulations, but it is necessary to be clear of the controversial,behavioral or charges applicable reprieve commutation limit recidivism should alsodistinguish between the different types of; second, restrictions applicable conditionsreprieve commutation system because the applicable restrictions commuted reprieveoffenders impact is very large, the actual execution of sentence commutation limitthan N reprieve to more2.5-3years, so it should be carefully studied to applicableconditions; third, the effectiveness of the applicable time limit commuted reprieve,the effect on the retroactivity of criminal law offenders also very large, it should beregulated; fourth commutation limit applies reprieve offenders in prison should keepa strict eye, due to time limitations criminals executed applicable reprievecommutation will be relatively long, the heart of the transformation behavior will beresisted, so it should be strictly custody.The third part, limiting reprieve commutation function system. First, the penaltyis generally conducive to the prevention, since all the penalties are designed toachieve the ultimate goal of the criminal law, to prevent the people of the communityof crime, sabotage social stability, implementing reprieve commutation limit is conducive to the purpose of the criminal law; second, conducive to the realization ofspecial preventive punishment, another purpose is to prevent the implementation ofthe sentence criminals reoffend achieve individualization of punishment,rehabilitation of offenders into the community without endangering people, reprievelimit commutation system has this feature.The fourth part of the commutation limit reprieve perfect system. First, deprivedof political rights for life and shall also apply restrictions reprieve commutationsystem, due to the “Criminal Law Amendment (eight)”no deprivation of politicalrights restrictions apply reprieve commutation make provision, so it should beperfect; second reprieve commutation system should limit allows the application ofavoidance system, if applicable restrictions reprieve offenders complete remissionsystem implementation,“criminal Law “provides a minimum sentence of execution,in the years after the execution time, if there are other circumstances of great merit,merit, etc., should be allowed to apply for commutation limit reprieve revokedconducive to positive incentives criminals to repent and return to society.