Study on the System of Penalty Substitution in Taiwan, China—Based on 494 Commutation Judicial Documents

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.