试论减刑制度的运作机制

减刑的适用范围包括监禁犯和非监禁犯。适用减刑的根本性条件由三个基本元素组成,即悔改表现、立功表现以及重大立功表现。目前,我国减刑运作机制中存在着减刑标准过于量化、人为规定减刑比例、减刑权属不明以及监外执行罪犯减刑考察制度不健全等问题。应从完善计分考核制度、废止人为限制减刑比例的规定、重新配置减刑权和完善非监禁刑考察制度等方面对减刑运作机制进行改革和完善。

On Operation Mechanism of the System of Commuting a Sentence

The application scope of application commuting a sentence includes imprisoning offenders and offenders executed out of the prison. The fundamental condition of the application of that system is made up of three basic elements, which is the appearance of repenting, rendering meritorious service and rendering outstanding service. At present, there are problems in the system of commuting a sentence, such as overly quantization of standards, artificial regulation of reduction proportion, unidentified right and the imperfect of the investigation system of the offenders executed out of the prison. In order to perfect and reform the operation system, assessing of score should be perfected, artificial regulation of reduction proportion should be abrogated, the right should be reconfigured and the investigation system of the offenders executed out of the prison should be perfected etc.