论死刑缓期执行限制减刑制度.pdfVIP

Abstract of 25 years, he shall serve no less than 20 years of execution term, even if he received commutations afterwards. In juridical practices, certain problems appear during the application of The System of Restrictions on Commutations of Criminals Sentenced to Death with a Suspension of Execution. For instance, discretion and different understandings on the system between judges may lead to different judgments on a same case, making this valuable achievement of legislation a mere formality. The reasons for such circumstance may be lack of definition, operability and normalization in legislation, as well as judges being short of cognition on the system of death sentence with a reprieve, having differences in trial experiences and legal accomplishments, etc. The primary task of solving the problems in the application of The System of Restrictions on Commutations of Criminals Sentenced to Death with a Suspension of Execution is widening the sphere and clarifying the standard of the system’s application in lawmaking, and strengthening procedural legislation of the system. Secondly, in the judicature layer, the regulatory mechanisms from both inside and outside should be established and perfected, the balance of measuring punishments between courts should be achieved, the advance of cognition on the system of death sentence with a reprieve in judges should be realized, proposals on restrictions on commutations from the procuratorial organs should be reinforced, and th