Research On The Application Of The Parole In China

Parole which is the release for prisoners who were sentenced limited or life imprisonment by a judge, is an essential measure of criminal punishment and originated from western capitalistic states. It's the first time that the parole system was erected in law documents in China when ShenJiaben compiled the in 1911. Although the parole system was erected as law and absorbed by flowing laws, the rate of application is low because of the inadequate rules, traditional severe criminal punishment and other social systems. However, the commutation of sentence was be used usually in judicial practice and increase gradually. As the Eight amendment of The Criminal Law, which was passed in the nineteenth conference of National People's Congress standing committee on 26th Feb. 2011 and will come into force on 1st May 2011, modified some rules about parole system. The paper will discuss the judicial practice of parole system in China on the base of current regulations and the new amendment.The body of this paper was divided three parts. First of all, the article starts with the basic concept and the judicial essence of parole, in order to emphasize the importance of the parole from three parts including criminal policies, the meaning to prisoners and the objective of the criminal punishment. The second part contains two aspects to analyze judicial practice of the parole in our country. The first aspect introduces the content of the articles and the new amendment relating to parole system. The second aspect elucidates the main problems on the parole system in laws and practices. To clear this issue, this part firstly analyzes cause of the low rate of applicability; secondly, discusses the unopened problems in judicial practice from the unbalanced power distribution, the deficiency of procedure and inconsistent standards; thirdly, recommended the lack of the parties'participation; fourthly, elucidates the unbalanced power between national departments; and finally explains the defective content of the parole system itself. The third part of the body puts forward some perfecting suggestions which comprise the change of the prejudice in mind, the enough regulations, the improving supervision, the proper relative rules and the community corrections'systems. All in all, there is an aim that the prisoners should get the opportunities to enter into the society newly and last our country realizes the construction of democracy and rule of law.