Suspended Limit Commutation Of Empirical Research

The Amendment to the Criminal Law（VIII）was officially implemented in 2011.In order to strictly limit the application of the death penalty,it reduced the number of death penalty crimes from 68 to 55,and established a new system of death penalty suspension and limited commutation of sentences.Suspended limit were reduced from 2011 to now,more than 10 years,while suspended in this period of time limit for commutation system play its due role,eased the punishment has been born of punishment is too light,and defects of the death penalty is too heavy,but in the process of suspended death sentence restrictions apply still found a lot of problems.The author will sum up these problems one by one,and then give relevant suggestions for these problems,hoping that through these suggestions,can make the death penalty suspension limit commutation system to improve,give full play to its role.Specifically,this study is divided into four parts:The first part is the basic theory of death sentence reduction with reprieve.To understand a theory,the most basic is to first understand the concept of it,and then understand its other related content,so the author in the first chapter expounds the concept of death limit commutation,discusses the suspended to limit the applicable conditions of commutation and its relationship with the relevant punishment,the thesis expounds the is in order to have a basic understanding of limiting death sentences,At the same time,it also foreshadows the following content.The second part,the application of death reprieve restriction commutation.This article is an empirical study of the death penalty with reprieve restriction commutation,not only to elaborate on the theory,more important is empirical analysis,so the second part is to analyze the status quo of the application of death penalty restriction commutation.Law net written judgment,search a lot of cases about death to limit a commutation of their sentences,by way of the selection of cases,covering the scope and period were analyzed,and understand the status of the suspended death sentences restrictions judicial application,such as the distribution of charges,the main body of the identity and age,etc.,will summarize the applicable conditions and other content,the problems existing in the limit analysis of suspended sentences.The third part is the problems existing in the application of death penalty restriction commutation.Through the analysis of the above cases,the author finds out the legislative and judicial problems in the application of the commutation of death sentence with suspension of death sentence.The legislative level mainly has the following problems: First,the scope of application of the commutation of death sentence with suspension of death sentence is narrow,which can not meet the needs of the current criminal law.Second,there is a big difference in the application standards,mainly because there are too many and miscellaneous factors for the application of restricted commutation,and there is no unified application standard,which leads to the judge applying restricted commutation to some criminals who should not have applied restricted commutation,violating the principle of punishment for their crime.Third,the conditions for the application of restricted commutation of death sentence with reprimands are not perfect.There are three kinds of applicable objects for the commutation of death sentence with reprimands,but the provisions of the law for these three kinds of applicable objects are relatively general and not detailed enough,which brings difficulties to the judge in the application of restricted commutation of sentence.Fourthly,it brings challenges to the incentive mechanism of criminal correction.Too long sentence,so that the enthusiasm of the reform of criminals greatly reduced,it will bring severe challenges to prison supervision of criminals.At the judicial level,the problem is that public opinion leads to excessive application of limited commutation of death sentence with reprimands.In recent years,due to excessive interference of the public in trial cases,judges cannot completely apply limited commutation according to their own professional knowledge and experience,and there are mistakes in the application of limited commutation.The existence of these problems will bring difficulties for the judge to apply the restriction commutation of death sentence with reprimands.If these problems can not be well dealt with,the restriction commutation of death sentence can not play its due role.At the same time,if there are problems in the application process,the fairness of the judiciary will be challenged,and it is easy to cause the people to distrust the court,and they will not Sue the court in case of disputes,reducing the credibility of the judiciary.Therefore,it is necessary to find out the problems existing in the application.The fourth part is the perfect path of death sentence reduction.In view of the problems existing in the third chapter,the corresponding countermeasures are given to appropriately expand the scope of application of limited commutation of death sentence with reprieves,and the law should establish a unified standard for the application of limited commutation of death sentence with reprieves,perfect the conditions of applicable objects of limited commutation of death sentence with reprieves and introduce the system of commutation of death sentence with reprieves.Apply these countermeasures one by one to the system of limited commutation of sentence,perfect the system of limited commutation of sentence with reprieves,give full play to the role of the system of limited commutation of sentence with reprieves,so that criminals can be punished in accordance with their criminal behavior,and promote social fairness and justice.