Research On The Lawsuit Of Commutation And Parole System In China

The justice of law is the intrinsic value of the judicial justice, including the justice of substantive law and the justice of procedure law. If we only have the justice of substantive law, without the justice of procedure law, we cannot guarantee not only the correct application of law, but also the realization of legal justice. Commutation and parole system is an important penalty execution system of our country, which has very important significance to arouse the enthusiasm of the reform of prisoners, maintenance the order of prison, promote the economic principle of the penal execution system and the realization of punishment special prevention purposes. However, security administration tendency in the judicial practice causes judicial corruption endlessly in the commutation and parole program. Facing to the maladies in the commutation and parole procedure, we need series link necessary of reset to ensure the openness, fairness, impartiality and protect the lawful rights and interests of the prison criminals mostly.At present, there are two modes of the commutation and parole procedure in the judicial practice, the traditional administrative decision mode and the public hearings mode, which have some effect on judicial justice. But it still can't meet the basic standard of the procedure justice. So, we need to make the commutation and parole procedures lawsuit. On the basic of the foreign successful experiences in commutation and parole procedure, on the one hand, we could ascend the stakeholders' participation in the program to break the closeness and secret, and change the unreasonable situation that the public power decides everything; on the other hand, we should reform the way of the ruling in commutation and parole procedure and establish the lawsuit pattern to replace the current court written trial way. It is not only good to reduce the queries when people feel unfair, but also increase the transparency in commutation and parole procedure and make people accept the ruling more easier. Meanwhile, the procuratorate take in commutation and parole procedure as a legal supervisor and carry on the simultaneous supervision. There will be three benefits to make the lawsuit of commutation and parole procedure, the first, promote the judicial justice by the way of opening the commutation and parole program; the second, protect the basic human rights mostly by the way of expanding the rights of the parties; the third, reduce or even eliminate the judicial corruption in commutation and parole program by the way of balancing the power.