Study On The Improvement Of The Parole System In China

Parole system is the product of socialist period of western enlightenment history. As a system of execution, it has a profound theoretical basis and strong vitality. Parole system, which embodies the encouragement of criminals repentance, the promotion of individual punishment, the establishment of offender re-socialization, the achievement of maximum efficiency penalty, and the pressure-relief function of the prison, plays an important role of reforming criminals, protecting the human rights of perpetrators, and saving the country's resources. In China, as an important penal execution change system, parole system has played a positive role in criminal's confessing himself to guilty, rehabilitation, and smooth returning to society. Recently, However, due to legislation and judicial practice and other reasons, the proportion of application of the parole system is very low, which causes many negative effects on the reform of the supervision of offenders, not only leads to the low efficiency of execution and the rise of offender recidivism rates, but also has a direct impact on China's international image of human rights protection on offenders. In view of this, the voice of improving the parole system in the circle of legal theory and judicial practice is growing, so it is necessary to think over and explore the reform and improvement of the existing parole system in China. In this thesis, the author tries to analyse the existing problems and caused reasons in parole system, and gives his own opinions on how to reform and improve parole system in China.There are three parts in this thesis:The first part introduces parole system on concept, feature, characteristic, value and meaning as well as the problems on the evolution and the current situation of China's parole system.The second part is the analysis of the existing problems in parole system of China.The author keeps the opinions that there are many existing problems in the parole system of China in spite of the achievements in China's legislation and judicial system of parole practice. The problems are:the misleading in conceptions of parole application, the unperfectness of regulations of parole system, the unseasonable power allocation, the unscientific working system, which causes the system can't get its purpose. Too little application of Parole directly causes the low applicable rate in the parole, and to a certain extent increases the prison execution pressure. The current situation is not good for criminals returning to the society. The reasons of these problems have traditional effects, and also disadvantages of the system itself., The third part is the reform and development of parole system.This part, which bases on parole system and combines with the essential rule in the judicial practice, gives the suggestions on the system reforming and developing forward relaxing parole applicable condition, the right of ownership and rationalize parole system from the aspects on the renewal idea, the perfecting penal execution on the law, the rational configuration of parole power, and the establishment of scientific parole system.