On Themode Of Prison Service For Criminals With Suspended Death Sentence And Limited Commutation Of Sentence

Restricted commutation of death penalty with a two-year reprieve refers to Article 50,paragraph 2,of the Criminal Law,which stipulates that the people's courts may simultaneously decide on recidivists sentenced to reprieve of death penalty and criminals sentenced to reprieve of death penalty for intentional homicide,rape,robbery,kidnapping,arson,explosion,the release of dangerous substances or organized violent crimes.It restricts commutation of sentence.The people's court commuted the death penalty suspension restriction of the above criminals,which is rooted in its serious harm to society.At the same time,Article 78,paragraph 2(3)of the Criminal Law:Criminals whose execution of a suspended death sentence is restricted by the People's Court in accordance with Article 50,paragraph 2,of this Law shall be commuted to life imprisonment according to law after the expiration of the suspended execution period,not less than 25 years,and those whose execution of the suspended term is reduced to 25 years of fixed-term imprisonment according to law after the expiration of the suspended execution period shall not be less than 20 years.This article stipulates the actual minimum term of service for criminals with suspended death sentences after commutation.The death penalty suspension restriction commutation system is the innovation of our country's penalty execution system and the development and progress of our country's human rights concept.It integrates the advanced penalty concept of"less killing and cautious killing"into the penalty execution,which embodies the caution and respect of the law for life.Compared with ordinary criminals,the commutation of sentences for suspended criminals is very strict in terms of commutation range,commutation conditions and commutation interval.Some suspended criminals may be nearly middle-aged when they are in prison.The long term of imprisonment makes suspended criminals may not see the hope of getting out of prison.They are in a state of depression and anxiety for a long time,and are easy to breed suicide,escape or escape from prison.Other acts of violence not only resist reformation,but also endanger the safety of police and other criminals.They have a strong personal danger,and cause great pressure on prison management,education and law enforcement.Once there is a regulatory safety accident,they will also have a negative social impact.This article is divided into the following parts:The first part is to explore the causes of the commutation of death penalty suspension criminals,and then analyze its characteristics different from other ordinary criminals.The second part is to clarify the drawbacks of the current prison supervision model,as well as the analysis of the poor effect of the management of criminals with suspension of death and commutation of sentences.The third part is the new exploration of the management mode of criminals with suspension of death and restriction of commutation of sentences.This part mainly elaborates the new three-dimensional education mode to solve the drawbacks of the current mode,analyses the five advantages of the new mode,and elaborates the theoretical and institutional support needed by the new mode.The fourth part is about the ways to realize the new education model,which is divided into eight aspects.These eight ways are not unilateral,but to play a role together to achieve the effect of one plus one over two.The innovative point of this paper is to explore a dynamic three-dimensional management model different from ordinary criminals,which should not only embody the dignity of the law,but also embody the humanization of the law,so that they can feel the dignity of the penalty,but also the fairness and justice.It can not only promote the stability of prison supervision order,make them reconciled to serve their sentences,but also be able to reflect the humanization of the law.After his release from prison,he has a certain ability to live.