In order to thoroughly implement Xi Jinping's thoughts on the rule of law and implement the decision and deployment of the Party Central Committee on improving the penalty execution system, the Supreme People's Court has officially issued the Regulations on the Implementation of Property Sentences in the Handling of Commutation and Parole Cases (Hereinafter referred to as the "Regulations").

Commutation and parole are important penalty execution change systems. The connection between the execution of property sentences and commutation and parole can, on the one hand, encourage criminals to actively perform the property sentences of effective criminal judgments and improve the execution rate of property sentences. On the other hand, it can enrich the judgment standard of commutation and parole conditions of "true repentance", which is a new starting point for strengthening the substantive trial of commutation and parole cases. However, there are also some problems to be solved in the operation of the association mechanism, such as the inconsistency of the association standard, the difficulty of judging the ability to perform, and the problem of preventing mechanical association and excessive association. The "Regulations" provide a systematic solution to the above-mentioned problems. It is of great significance for handling commutation and parole cases in a fair manner in accordance with the law, correctly handling the relationship between commutation, parole and the execution of property sentences, and giving full play to the system functions of commutation and parole.

The "Regulations" make it clear that the implementation of property judgments is one of the important factors for judging whether criminals have shown repentance when handling commutation and parole cases. If the offender's property sentence has not been fulfilled, it should focus on the review of his ability to perform, and focus the review on the judgment of the ability to perform, so as to ensure the fairness of the application of commutation and parole.

The Regulations unify the rules of association. It is required that criminals with the ability to perform must be commuted or released on parole after they have completed their performance; if they do have the ability to perform and refuse to perform, they will not be determined to have shown repentance, and will not be commuted or released on parole; if they do not have the ability to perform, it will not affect their performance of repentance. Recognition. The "Regulations" also clarify that after a criminal is ruled to be commuted or paroled, he is found to have made a false declaration or deliberately concealed property. If the circumstances are serious, the commutation or parole should be revoked, and the relevant supporting systems have been improved.

In view of the difficulty of judging the ability to perform in judicial practice, on the basis of summing up the experience and practices of various localities, the provisions put forward a judgment mode of progressively determining the ability to perform on the basis of the implementation of the court. combined with the criminal's property declaration, the actual ownership of property and his consumption during the period of serving a sentence. The "Regulations" use the method of enumeration to clarify the situation of non-performance, through the positive proof plus negative list to define the judgment standard of non-performance ability, enhance the operability of the judgment of performance ability.