Consideration Of The Perfection Of Parole System In China

The parole is a punishment execution system which the powerful organization of country releases the prisoners of according with the legal condition on condition who are being executed punishment of depriving liberty prior to the expiration of their sentence by legal process. Parole guides the prisoners to step on the right road. Parole keeps supervising and protecting the prisoners after they returning to the society until they fully adapts to the social life, it is one of the important means to encourage the prisoners to correct faults and do good act. The parole system took the important status in the punishment execution system of each country after its establishment.The 1979 Criminal Law stipulated the parole system in criminal law code in our country. The 1997 Criminal Law has supplemented and perfected the legislation of parole of 1979 Criminal Law, but also has a long road to the need of the society. The main defect of the parole system of 1997 criminal law is the insufficient in protecting the human right of prisoners. For example, It stipulates that the recidivists and the prisoners who committed crimes of violence and was sentenced heavy penalty shouldn't be paroled. It also stipulates strict parole revocation condition to some acute critics from the domain of criminal law theory and the judicial practice. This article is trying to take personal danger theory as the perspective, introspect the problems existing in the parole system, and puts forward some improvement measures. The personal danger theory was the core foundation of the criminal positive school. Its establishment and development was the premise and idea foundation. The visual angle of personal danger theory was to study the question of criminal essence from the angle of actor. It made the focus of the criminal law science changed from the criminal act to convict. It offered the theory space of criminal law science for the establishment system. Therefore, the personal danger theory plays a very deep meaning to the perfect of our country parole system. The core of the parole adapt is the judgment about the personal danger. In the chapter of the judgment standard of Personal danger, through the pre-jail prisoners'person investigation, Psychology check during jail and social situation investigation after Parole to concretely describes the prediction problem of personal danger. In the behind of the perfect measures, advocate let parole as the right which the prisoners enjoy generally,never the grace which the country endow with the individual prisoner. Determined by the nature of parole, it should be a kind of executive power rather than judicial power, Should the prison or judicial organization hold the parole power. In order to guarantee the authenticity and efficiency work on parole, need to established parole board in prison, hold the power of review and approval. In order to guarantee the quality supervision and transformation parolee, need to establish social correction administrative bureau in the judicial organization. Hold on the supervisory and cancellation power. In abroad, many counties have stipulated very perfecting parole process. We should perfect our parole process. Implement information publicity, strengthen the procuratorate supervisory effect, establish a good and mutual active restricting relationship about the parole right and power, establish pre-parole prisoners person investigation system, establish parole hearing process. Parole as a basic system of punishment execution system, Parole not only reflects the initial spirit of the penalty individualization but also is the fruit of practice of penalty individualization as a basic system of penalty execution. But in the use of parole, we should abolish the exception stipulation of parole in our criminal law because it hasn't stipulate and limiting condition to the exception. About the testing term of parole, its a special penalty execution term, it is an inspecting term to test and verify if the personal danger of prisoners have really disappeared, it is the adaptation term of the prisoners returning to society. In this term emphasize the supervision and protection of a parolee. So, Should perfect our country's legislation in the protection of about parole supervision and regulation, detail the supervision condition, add the regulations of protect and help parolee, endow with free adjudication power to the judge in some extent. In addition, it is irrational that the police office supervises the parolee. It should be perfected that the social correction administrative bureau takes the duty of supervising and protecting the parolee. Besides the stipulation about the parole revocation of violating parole condition in our criminal law is too loose. We should stipulate that revoke the parole when the prisoners violate the parole condition with severe details.Personal danger theory to perfect our parole system has unusual significance. Meanwhile, we should realize the question of personal danger rationally other than raise its value of theory and practice without limit.