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China’s commutation sentence developed from Revolutionary base areas, and has been widely used in china now. Commutation sentence is conducive to encouraging offenders to turn over a new leaf, removing the danger of offenders, then realizing the purpose of correction. To maximize the role played by commutation, the system should be designed scientifically, but China’s commutation system still has many defects. This article uses history, comparison, systems analysis and other methods to analyze China’s commutation sentence, and then offer suggestions to make the system perfect.This paper falls into four parts.In part one, A Review of the Commutation System, the author introduces the concept, the development and the characteristic of the commutation in china and in some other nations. This part points out that China’s commutation sentence is a reward. The power of decision belongs to the people’s court.In part two, Applying of the Commutation System in Our Country. According to criminal law of 1997 and other judicial interpretation explains the applying of the substantive law of commutation in our country.In part three, The Problems of Commutation System. This chapter includes three parts : the problems in Commutation drawing procedure, the problems in court proceedings, the problems in procuratorial supervision .In part four, Perfecting in Commutation System in Our Country.In this part, the anthor will put forward some suggestions.
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