Abstract
Although the penalty substitution system has not been established in mainland China, there is no lack of relevant discussion. Some scholars suggest that we should learn from the introduction of a commutation system to alleviate the disadvantages of short-term freedom penalty and the difficulty of fine penalty implementation; other scholars discuss the function and value of penalty substitution. In mainland China, short-term free penalty and fine penalty are statutory punishments for many crimes, and if the penalty replacement can be realized within a reasonable range, it can also alleviate the disadvantages of the execution of the penalty. The judicial system of Taiwan is rich in judicial practice and has a long time to revise. Based on legislative data and 494 judicial documents related to commutation in Taiwan, China, a comprehensive review of the penalty substitution system in Taiwan will help to explore the role and limitations of penalty substitution as an alternative to punishment.
Highlights
The penalty substitution system has not been established in mainland China, there is no lack of relevant discussion
The system of penalty substitution in Taiwan province refers to the replacement system of penalty which has been declared to be executed in the form of fine, social labor, servitude or admonition
Looking at the research results of Taiwan scholars, there is no systematic analysis of judicial documents, and judicial practice is the field that can best reflect the limitations of the penalty substitution system and countermeasures
Summary
The system of penalty substitution in Taiwan province refers to the replacement system of penalty which has been declared to be executed in the form of fine, social labor, servitude or admonition. The third amendment came into effect on December 2009 It is amended as follows: "the provisions of items 1 to 4 and 7 shall apply to those who are liable to criminal fine or social labor for more than six months for several crimes punished simultaneously." If the penalty to be executed exceeds six months, the fine may still be changed. It is the conversion standard of the fine. 494 judicial documents can be obtained from October 11, 2019, as early as 2016
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