Theory And Practice Of The Parole System

Parole system is an important execution system enacted by criminal law and prison law. It shows the criminal penalty individual principle in execution. It is a special system used by judicial office to execute criminal penalty to criminals. Owning to this conditional quality's binding act to parole criminals, it has been used for more than 100 years. Nowadays, it has been widely adopted by many countries. Long time's executing criminal penalty proves that parole system plays an important part in speeding reforming criminals and preventing crimes. It inspires criminals' reforming passion and improves efficiency. Parole system is a production of world's democracy and legal system's progress in latter days, and it is one of the symbol systems of prison's civilization. But it is a pity that, in China, judicial office doesn't use this system positively to reform criminals and spur them to return to society as soon as possible. According to the statistics, in China, the rate of parole is less than 10%. China is a country whose rate of parole is very low. It should be attached much importance. The primary problem is that, at present, China doesn't establish scientific forecasting recommitment mechanism. So when execution office and People's court use parole system, they can't master "will not endanger society again", this specific criterion, so their understanding about parole system influences them to use it effectively, including areas of application, inspection, supervision, observing regulations, withdrawing parole, canceling parole, checking granting procedure, establishing organizations and so on. This text mainly discuss the above problems, for impelling parole system's perfection, improving parole system's using efficiency,reforming and educating criminals by exerting parole system's function in execution. Author's opinion is that we could deal with these problems from five aspects. As follows: First, unbinding thought, and updating ideas; Second, innovating and improving parole's operation; Third, enhancing parole's application; Fourth, strengthening supervision to parolee; Fifth, perfecting parole revocation system. For finishing this commission, judicial office and criminal penalty enforcement office should work hard to check the censor, set up supervision group and put supervision measurement into effect. Then parole system can motive criminals to work hard for leaving prison in advance, and it will be a stage for transporting qualified citizen from prison to society.Above all, through parole system to motive criminals to speed reforming, to perfect China's parole system, to establish effective forecasting recommitment mechanism, we can perfect socialistic legal system. Researching China's parole system carefully, summing up experience continually, absorbing strongpoint from other countries, we can make our country's parole system more mature in theory and play a more important role in practice. As for transforming criminals' thought, changing negative factors to positive ones, realizing our purpose on criminal penalty, impelling democracy and legal system's construction, speeding managing state affairs in accordance with the law, researching parole system is meaningful.