On Limit Commutation Of Stay Of Execution Application

In recent twenty years, abolition of the death penalty has become a major trend in the world of the death penalty reform. Combined with our own national conditions, the death penalty can not be immediately abolished. To achieve the country’s death penalty reforms, the gradual limitation and reduction should be taken instead of the complete abolition of the death penalty. Based on this, reprieve limit commutation system came into being as a new legal system, but also from the implementation of three years now, we can say is in its infancy. A new system at the beginning of the establishment, is often imperfect, there is more or less problems. Reprieve limit commutation system is no exception, these problems affect the specific application of the system in judicial practice, it is worth to be studied and solved.Specifically, the paper is divided into four parts; the first part gives the reprieve limit commutation system a brief introduction. By describing the background, reasons, legislative process, nature, current situation of the judicial practice for the reprieve limit commutation system produced, clear the object of this article.In the second part, the analysis focuses the conditions of the reprieve limit commutation system. Under the current provisions of the law and relevant judicial interpretations and guidance case, according to the relevant provisions of China’s Criminal Procedure Law, combined trial practice, to specify the conditions of the reprieve limit commutation system, and in accordance with the specific problems that exist in the judicial practice, to propose appropriate solutions.In the third part, combined the two cases of the Supreme Court’s guidance, analyze the application of retroactivity of the reprieve limit commutation system, and make a conclusion that the retroactivity can be used in the reprieve limit commutation system.In the fourth part, describe the prison authorities how to apply the reprieve limit commutation system. Since the implementation of the reprieve limit commutation system, more and more criminals are sentenced to death restrictions, which proposed new challenge of prison supervision measures. This section will analyze the plight of the prison authorities through the execution of the reprieve limit commutation system, and accordingly propose appropriate measures to improve the reprieve limit commutation system.