Yang Yuze of news analyst of daily of the Yangtse River
The Sun Xiaoguo of Yunnan Kunming person that because the multinomial accusation such as forcible rape is sentenced by 2 careful,handled death sentence in Feburary 1998, near future centrally is swept black guide except evil superintend and director group superintend and director guides below, be labelled by Kunming city again gang of evil crime of experience black experience is typical. Meanwhile, place still investigated a batch of experience black experience evil corruption and " umbrella " case.
2 careful obtain the Sun Xiaoguo that sentences capital punishment is how to escape successfully capital punishment is released from prison, particular case returns unknown at present, according to media investigation, commute a sentence is obtained for many times during Sun Xiaoguo serve a sentence, meantime ever went to Kunming by the mother office newspaper sends some patent patent application material, obtain a kind successfully with Sun Xiaoguo name " inspection shaft of guard against theft of linkage locking type is built " the invention is patent. Media guesses, obtaining invention patent may be Sun Xiaoguo strives for a of commute a sentence " god implement " .
Basis " criminal law " etc law laws and regulations, convict is had " make contributions is behaved " or " major render meritorious service is behaved " can obtain commute a sentence. Among them, obtain practical model patent, attribute make contributions performance, "Can commute a sentence " ; Obtain those who invent patent, attribute performance of major render meritorious service, "Ought to commute a sentence " . This one regulation is called by folk " change reduce a penalty with patent " , its original intention is to encourage convict of serve a sentence to be transformed actively.
But this system that urges convict of serve a sentence to transform plans some go out of form, was gotten by a few people chance, cause serious judicatory corruption problem. For instance CCTV for many times focusing " jail inventor " random elephant, according to " focal interview " investigation, orgnaization of a few patent representatives faces personnel of serve a sentence to offer patent avowedly buying and selling, custom-built, declare wait for service of one continuous line, already formed chain of the gray that helps commute a sentence of convict of serve a sentence, illegal industry socially.
CCTV etc media combs piece a lot of such " successful case " : 2010, zhang Hai of president of group of Yuan Jianli treasure is in Guangdong time during Yu prison serve a sentence because invent " car around double inspect looking glass " , obtain practical and new-style patent, by plan behave into major render meritorious service, obtain commute a sentence successfully. Check later solid, the judicatory corruption incident that this is collude of inside and outside, officer of case of many 20 experience of Guangdong is investigated.
Former sufficient assist vice-chairman Na Yong, was sentenced because of committing bribery crime 2012 set term of imprisonment 10 years 6 0 months, punish gold 200 thousand yuan. After serve a sentence, na Yong writes a novel again patent application, these are the conditions that can apply reduce a penalty. Among them he obtains 4 patent: Assembly of monitor of computer of tie-in of a kind of unit of football shoot training, portable goal, mobile terminal, table, aid its to obtain commute a sentence one year, but be oppugned extensively by public opinion.
Change reduce a penalty with patent, the purpose is transform convict of serve a sentence into useful person, original intention is good. But reasonable before regulation, as move when the life is easy, become malapropos likely. Chinese productivity and level of science and technology lag behind previously, the country encourages technical innovation, creation. But grow sufficient progress as national whole, chinese society each domain height specializations. Professional job should be done by professional person, creation is have a doorsill, also need knowledge and resource requirement, encourage convict of serve a sentence to do creation to show belong to try to do a difficult job as best one can.
Education emphasizes Yo person be this, transform convict ought to head heavy model its character, moral character, should not go after convict of serve a sentence blindly " make contribution for the society " , be engaged in creation. Encourage convict of serve a sentence to change reduce a penalty with patent, often become encourage ignore reality condition, opportunistic. Catenary of industry of illegal commute a sentence was formed, convict of many serve a sentence exchanged commute a sentence with patent, but their patent does not have economic value, more do not talk to go up benefit society.
Our society is encouraged " honest labor " , also ought to encourage " honesty is transformed " . The jail is not the proper place of creation, what does convict of serve a sentence do conditionally, can make it what, concerned branch ought to study well, and relevant policy should over the reality that base oneself upon comes out at appearing.
