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Justice with Mercy Criminal Policy Perspective commutation system reform

Author: ChengJunHua
Tutor: ZhengLie
School: East China University of Political Science
Course: Legal
Keywords: Policy of Tempering Justice with Mercy Commutation System Reform
CLC: D924.13
Type: Master's thesis
Year: 2010
Downloads: 155
Quote: 1
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Abstract


The thesis probes into the criminal policy of Tempering Justice with Mercy, interprets the policy, introduces the commutation system briefly, and explains the inevitability, the concepts and the principles of the policy, pointing out the defects in the commutation system and means of reform and improvement. It consists of five parts:Part One: Interpretation of the Criminal Policy of Tempering Justice with Mercy. After studying and analyzing the evolvement history of the criminal policy in China, the thesis draws the conclusion that policy of Tempering Justice with Mercy is the inheritance and development of the excellent ancient criminal policy, and is the reflection, discard and the development of the "Strike-hard" Campaign. Through the studies on the researches made by experts and scholars, the thesis tries to determine the concept of the policy and its significance to the society, legislation and judicature.Part Two: The Application of the Commutation System under the Policy of Tempering Justice with Mercy. In this part, the inevitability of the application of the commutation system to the policy of Tempering Justice with Mercy is analyzed, including the process of turning criminal law into policy, the integration of penalty system, and the consistence of the theoretical basis. In this process, the principles such as tolerance, control, moderation, balance etc. should be adhered to.Part Three: The Reflection of the Commutation System under the Policy of Tempering Justice with Mercy. This part proposes that the applicable objects of the commutation system under the policy of Tempering Justice with Mercy are quite limited, the ways to change penalty are few, the proportion of commutation is determined by certain person, the restrictions on the commutation are wide, and the nature of the commutation is not clear. There are also other problems such as the lack of effective supervision, the complexity of the commutation procedures, and the over-strictness of the system. Part Four : Reform of the Commutation System under the Policy of Tempering Justice with Mercy. In this part, some suggestions on the reform of the commutation systems are put forward such as the esteem of the educational concept and the humanistic notion of the executive, and the advancement of economic principle in the execution. It also proposes that there should be some specified stipulation on the commutation, whose scope should be restricted in a reasonable way. The criminals should be entitled certain right of the commutation, the modes should be redesigned, and the proportion of commutation should be abolished. In this way, the thesis states a specified approach of improvement, including establishing scientific evaluating systems, constituting litigation procedure and reforming the means of supervision.

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CLC: > Political, legal > Legal > Chinese law > Criminal law > General Provisions > The use of penalty
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