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减刑作为我国刑罚执行制度的重要内容,被广泛运用于行刑领域。通过实证调查,发现减刑在适用过程中存在不符合行刑个别化和罪责刑相适应原则的现象,审理程序不完全符合立法原意,具体表现在适用条件、适用率、减刑幅度等方面。对此,减刑适用应遵循相对化和行刑个别化原则,采取减刑案件适用标准类型化,设立刑事执行审判庭,实行简化开庭审理等予以完善。
Commutation as an important part of China’s penalty execution system, is widely used in execution field. Through the empirical investigation, it is found that there is a phenomenon that the commutation of sentence does not accord with the principle of individualization of punishment and accusation of punishment and punishment in the process of application. The trial procedure does not completely accord with the original intention of legislation, which is embodied in the conditions of application, applicable rate and scope of reduction of sentence. In this regard, commutation should be applied to follow the principle of relativity and the principle of individual execution, to take the application of standard types of commutation cases, the establishment of criminal enforcement tribunals, the introduction of simplified trial to be perfect.