Reconstruction For System Of Commutation And Parole In Our Country

As two important penalty implementation systems in the criminal law system of our country, commutation and parole are directly related to the results of execution of punishment and the realization of the purpose of criminal punishment. Due to the defects of legislation in Chinese commutation and parole system, as well as the out-dated execution concept, there are deviations when carrying out these systems in the process of executing punishment. The phenomenon of"giving priority to commutation and making parole as subsidiary"is prevalent, the abuse of which has become increasingly clear, severely affecting the due function of commutation and parole system. It is necessary to rediscover, think about deeply and reconstruct the commutation and parole system of our country. And then it is imperative and urgent to establish a system with feasibility and unification in legislation and judicial practice.Having been working in the prison for a long time, the author pays close attention to commutation and parole system, and has a deep understanding of its existing disadvantages, and is keen to deepen its theory. Therefore, the author had read a large amount of related theoretical achievements, more than 10 monographs, and retrieved nearly 100 related articles on CNKI from 2005 to 2009. These theoretical achievements have mainly probed into the attribution of commutation right and parole right, the applicable conditions, procedures and limits of commutation system, the object condition, trial and repeal of parole system, as well as reinforcing the supervision of commutation and parole. However, as for the references and applicable substantive conditions of commutation and parole, especially how to coordinate the relationship between commutation and parole system, there is still large space for further study.From the perspectives of both theory and practice, this paper analyzes the deficiencies with respect to legislation and the prominent problems concerning practical execution of commutation and parole system, and proposes the ways to reconstruct the systems of legislation and justice under the new situation of tempering justice with mercy. The author puts forward the following ideas boldly: (a) enlarge due commutation, cancel tolerable commutation, and set the interval and extent of parole reasonably; (b) alter the applicable conditions of parole, extend the scope of parole, and establish the parole system that is coordinated with the treatment in prison; (c) explore the coordination between commutation and parole system, to change the way of discharging from prison into'giving priority to parole and making commutation as subsidiary', which is feasible and operable.This paper consists of four chapters. The first chapter is about the summary of commutation and parole system, concentrating on its concept, nature, theoretical basis, due function. This paper holds the view that commutation should be understood in a relatively broad sense. The criminals sentenced to death with a two-year suspension of execution can be commuted. The second chapter is about the defects of commutation and parole in the level of legislation, discussing on the imperfection of commutation and parole system's provision in the aspect of entity and procedure. The third chapter is about the existing problems and the analysis of causes of the current commutation and parole system in the level of legislation, concentrating on and digging into the problems of commutation such as long spacing interval, large range, lack of prognosis, as well as pro rata commutation and low rate of parole application, lack of diverse supervision and protection after parole. The fourth chapter is about the reconstruction of commutation and parole system, proposing that the regulation of due commutation should be added and the system design of tolerable commutation should be cancelled, besides a statutory reducing-period system should be set up, and a parole system closely linked to the criminals'behavior in prison should be established and complemented by the system that the number of criminal who can be paroled is limited. In addition, the system of parole review, parole revocation, supervision and protection should be built up. Finally, the new pattern of penalty implementation that"giving priority to parole and making commutation as subsidiary"will be achieved, to adapt to the need of current social development and the new trend of criminal policy.