Commutation System Under Temper Justice Of Mercy Policy

Commutation system is China an important measure of punishment. Criminal policy of combining punishment with leniency, the CPC Central Committee on building a socialist harmonious society under the new situation presented an important policy, is China’s basic criminal policy. Criminal policy of combining punishment with leniency is China’s basic criminal policy, throughout the criminal legislation, criminal justice and penal execution of the whole process is the combination of punishment with leniency policy in the new era of inheritance, development and improvement of the judiciary punishment of crime, crime prevention protect people, protect human rights, the right to implement national legislation guidelines. Commutation system as an important penalty enforcement measures must fully implement the criminal policy of combining punishment with leniency basic spirit and content. This document is intended to temper justice with mercy criminal policy perspective to re-examine the commutation system, in analyzing commutation system deficiencies, based on the proposed improved remission system envisaged in order to better maintain fairness and justice, to ensure that the transformation effect, reflects the temper justice with mercy criminal policy basic and connotations.This paper is divided into five chapters, as follows:The first chapter is "Our country commutation system overview ", in this chapter, the author will have an overview of commutation system are introduced. First, the author describes the history of remission system, introduction of China’s overall remission system overview. Secondly, the author of this study were to clarify the meaning of commutation and elaborated commutation applicable conditions. Finally, the author describes the commutation relations between and criminal policy.This second chapter is " criminal policy of combining punishment with leniency interpretation ", in this chapter, the author of the criminal policy of combining punishment with leniency spirit and meaning carry out a detailed in-depth discussion, mainly from the following aspects:concept and characteristics of criminal policy, wide criminal policy of strict connotation, justice policy embodied in the aspects of the execution of punishment.This third chapter is " The Criminal Policy on remission system requirements", in this chapter, the author discusses in detail temper justice with mercy criminal policy and commutation relations. Its contents include:commutation system should fully reflect the criminal policy of combining punishment with leniency essential requirement of temper justice with mercy criminal policy guidance for remission system, commutation system should follow the standards and rules.This chapter is " The Criminal Policy in China under the remission system problems ", in this chapter, the author of The Criminal Policy Perspective commutation system, analysis of the existing commutation system deficiencies. The main contents include:Legislative Defects of commutation system, the width is not wide, the strict, less favorable economic loss, remission program legitimacy problem.This chapter is a " perfect remission system of ideas", the author from the four aspects of the improvement of commutation system propose ideas to induce remission system function better. Which are:to establish new penal philosophy, Legislation remission system, build and improve the commutation reasonable judicial process, innovation commutation form of supervision.