Supreme law: the right people have the money to commute quickly affect the bad

The right person the rich the standard the property

zhongxinwang· 2016-11-15 13:05:19

original title: the highest law on modification of commutation and parole provisions: the rich have the right people commuted fast bad

Beijing in November 15, the Supreme People's court held a press conference today, the "Supreme People's Court on handling commutation, parole case concrete application law provisions" of the main content. The Supreme Court Trial Supervision tribunal Xia Daohu said, a few years ago, commutation, parole, temporary probation work exposed some problems, especially the "right people" "the rich" after being sentenced, relatively fast, commutation parole and probation temporarily to a high proportion of actual prison time is short, individual cases for violation of the law and judicial interpretations, even hidden favoritism, trading power for money. The introduction of the provisions of the law is to further unify the commutation, parole cases from the entity concept, the referee standards and law enforcement standards.

Xia Daohu, an important measure to change implementation of commutation and parole as punishment, is an important system of China's criminal law, criminal procedure law, is the criminal policy of combining punishment with leniency embodied in the process of execution of punishment for criminals actively encourage reform, promote the return of offenders into society, has very important meaning. The introduction of the "Regulations", the July 2012 implementation of the "Supreme People's Court on handling commutation, parole provisions casesspecific application of the law" (hereinafter referred to as the "Regulations" in 2012) to revise and improve the.

Xia Daohu said that the reason for the improvement, substantial changes in the short term the main reasons: one is to implement the important deployment of

eighteen at the third and fourth plenary session of the spirit of the Central Political Committee and on strict norms commutation, parole, temporary probation work. A few years ago, commutation, parole, temporary probation work exposed some problems, especially the "right people" "the rich" after being sentenced, relatively fast, commutation parole and probation temporarily to a high proportion of actual prison time is short, the provisions contrary to law and judicial interpretation for individual cases. Even the hidden favoritism, money, of justice and judicial credibility of the huge damage, causing adverse effects. The Supreme Court therefore quickly issued a series of implementation measures, the full implementation of the "five all work requirements, release the commutation and parole procedures of judicial interpretation, establish crimes criminals commutation, parole case filing and examination system, the establishment of long-term mechanism of supervision and inspection, regularly announced a typical case, the opening of the national court commutation temporary probation parole information net, vigorously promote the commutation, parole, temporary probation trial work more standardized and transparent, effectively enhance the credibility of the judiciary. The introduction of the new regulations, is to further unify the commutation, parole cases from the entity, the concept of handling the case, the referee standards and law enforcement standards.

two is to implement and refine the "criminal law amendment (nine)" related to commutation, parole of the new provisions. In August 2015, the amendment to the criminal law of the NPC Standing Committee passed the "Regulations" (nine), who is sentenced to death suspended for criminals because of corruption, bribery crime, the people's court according to the circumstances of the crime and so on, can also decide life in its reprieve period of two years shall be reduced to life imprisonment, imprisonment, or commutation and parole; at the same time, the death penalty suspended for criminals, during which the death penalty reprieve intentional crime not the death penalty, the death penalty reprieve during the recount, and report to the Supreme People's court filing. These provisions need to be further clarified and refined through judicial interpretation.

three is to respond to the strong voice of judicial practice, to solve the problems encountered in commutation, parole work. China's "criminal law", "Criminal Procedure Law" on commutation, parole provisions are too principle, the actual operation of the problem is mainly rely on judicial interpretation of refinement and clear. In recent years, the national commutation, parole cases in an average of about 600 thousand per year. In the judicial practice of commutation and parole, a lot of problems to be solved urgently need to be solved. For example, how to define the nature of commutation and parole, how to set the starting time, the commutation interval, the amplitude of the commutation in order to ensure the best execution of punishment, how to balance the application of commutation and parole in order to better play the function of parole problem, how to improve the mechanism property sentenced execution and the commutation, parole problem.

it is reported that the judicial interpretation will be implemented in January 1, 2017.

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