A Study On Parole System

Parole refers to a prisoners is conditionally released from prison prior to the expiration of the sentence. Parole considered as a kind of system arrangement to ease punishment against liberty, the expectation of functions which parole should play is pluralistic. Maybe how to realize pluralistic expectation in harmony is a direction to on all the research and practice on parole, as well as an ultimate issue. Based on this understanding, the dissertation also makes great efforts to achieve some progress. In particular, the dissertation on the whole follows two directions, theory and reality of parole. In the theoretical aspect, through research on the historical development of parole, it is found that penalty theory in parole changes in the process from individual practice to eventual a system arrangement, and parole and its functions are demonstrateed under the guidance of the blend penalty theory. While in the realiistic aspect of parole, the dissertation focuses on the current conditions, to discuss problems of parole in China, from a comparative perspective with parole conditions in the United States and Japan. In this the structure of the dissertation is as follows:The dissertation consists of two parts, five chapters, in addition to the "Introduction" and "Conclusions"."Introduction" states purpose, motivation, paths and methods research and account, in addition to general accounts on current conditions of domestic study on parole system.The first part of the dissertation is divided into two chapters: "Historical Study on Parole system" and "Nature and Functions of Parole".From the historical perspective, Chapter one advocates the parole system originated from the British Program of Transportation, and really matured during Irish Prison System and Elmira Reformatory in the United States, and then developed further around the world. the Chinese parole system in modern sense is drawn on the experience of the West.The chapter two,functions of parole under the guaidance of penalty theory,considers that the evolution of parole system shows the overall changing trend from simple duality of retribution and prevention to blend theory which becomes the basis of parole system. Under the guidance of blend theory,the nature of parole demonstrates: parole is compromised between grace theory and right theory in decision-making; parole is one of penalty model after enforcement for punishment against liberty in enforcement. On the other hand, in the dissertation, the functions of parole are understood as unity of under special prevention, general prevention and retribution..and its theoretical basis mainly studys from the perspective of the history and the dissertation; the function of parole system will be maximized; What the "introduction" discusses is the researching object of the dissertation—parole system and current reserchng situation on the parole system in our country. As for the legal nature of parole system, in parole decisions on the issue, the dissertation considers that a balanced compromised theory between; on the issue of the implementation of parole, the dissertation maintains that parole is a form of penal punishment after the imprisonment sentence.Part two, reality, consists of three chapters: decision, enforcement and revocation of parole.In chapter three, parole decision is explored from three angles: the conditions, administration, and procecedures of parole decision-making. The dissertation considers: (1) the minimum of the implementation of sentence should be arranged in a reasonable way; the future personal danger and recidivism possibility should be predicted; the exceptions regulation to parole decisions should be met with the nature of parole. (2) at present the administration of parole services in most countries still maintain the nature of the executive authorities, with a trend of specialized authorities. As for the staff of administration of parole, on the one hand, the qualifications of members of the parole board committees are required, on the other hand, the participation of the assistants of parole committee members should also be expanded. (3) Based on the experience of the United States and Japan, parole decision-making process can be divided into three stages: application for parole, pre-trial investigation, and parole examination. (4) With regard to China's parole decision-making, in conditions of parole decision, it is unscientific to give a complete ban on recidivists for parole egilibility, as well as particular felony offenders, so it should be revised; and some legislative proposals are advanced on recidivism, felony offenders(serious offenders), negligent offenders,and juvenile offender, for their implementation of sentence; about standards "no longer harmful to society after parole", it is necessary to introduce specific system to quantify evaluation. In the administrations, judiciary model does not only take into account of the reality that the previlege of parole decision is belong to executive authorities,not judiciary ones, and parole board should be established in consolidated executive model, in balance between efficiency and fairness. In the decision-making process, review procedures should be initiated by prisoners; considering establishing parole board, parole hearing for particular cases should be arranged.In chapter four, parole enforcement is explored from three angles, period of enforcement, enforcement agencies and staff, enforcement measures. The dissertation considers that: (l)For the length of parole supervision, in worldwide legislation, the remaining period of imprisonment sentence should be the length of parole enforcement, sometimes during the balance of the testing length as particular regulations; while a special long-term period should be the length of parole enforcement for prisoners in life imprisonment; in addition, the period of parole enforcement still exist possibilities to be waived or extended. (2)About the parole enforcement agency and staff, developed experience of the United States and Japan can learnt. American parole enforcement agencies operate under judiciary authorities, illustrated with the example of federal government; under executive authorities with the example of Washington and Florida. In Japan, the parole enforcement agencies are under executive authorities independent of court. Enforcement staff consist of official and civil ones.(3) the enforcement measures of parole contains two parts, the negative control and positive assistance to parolees. Negative control refers to the conditions that parolees must comply with and the obligations that parolees must fulfil. The significance of active assistance lies in the protection and assistance contributed to parolees' return into society. (4) as for the enforcement of parole in China, length of supervision should be evaluated by whether, and to what extent, the parolee has risks of recidivism, and should be added to flexibility provisions. In our country, parole enforcement belongs to community corrections, so it should be discussed in the macroeconomic context of community corrections. As for the parole enforcement measures, the dissertation maintains the two aspects should be considered, including supervision instructions and obligations requirements, assistance, protection measures.In chapter five, parole revocation issue is discussed from two perspectives: the revocation conditions and revocation procedures. The dissertation advocates that: (1) the conditions of parole revocation could be divided into absolute and relative revocation conditions, according to whether meeting conditions comes to effect, including three styles:①a parolee commits a new crime during the period of parole enforcement;②a parolee is found a crime without a court sentence before parole;③a parolee violates compliance during the period parole enforcement. The three types should all be measured according to personal danger to judge whether a parolee's parole should, may or cannot be revoked. (2) Parole revocation will produce a series of effects. The primary effect is how to transfer a treatment program after parole is revoked In this aspect, it is more flexible in the United States. In addition, after parole revocation, the period of implementation should not be included in the terms of imprisonment; parole revocation does not affect the right of a prisoner's next parole. Proper revocation procedures are a basic guarantee to ensure society protection, and avoild violating a parolee's human rights at the same time ensure that ions of are not an important guarantee. (3)According to the practice of the United States and Japan, revocation procedures of parole generally consists of of application, review and decision of parole revocation. (4)With regard to China's parole revoked, the existing conditions of parole revocation should be classified detailedly, and intermediate punishment should be set up between revocation and parole reservation of parole. On the revocation procedures, revocation application procedures, and review and decision procedures of revocation should be setup.Finally the dissertation comes to the conclusion.