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Research Of Parole Conditions

Posted on:2012-04-20Degree:MasterType:Thesis
Country:ChinaCandidate:W B QiFull Text:PDF
GTID:2166330338495012Subject:Criminal Law
Abstract/Summary:PDF Full Text Request
Parole system releases the offenders who reforms actively and repentances sincerely conditionally in advance. Parole system achieve that offender transit smoothly from the prison to the community ,the Parole system played a good role as a bridge in the offender re-socialization. As a criminal executive system, Parole played a significant role in education and rehabilitation of offenders, preventing the criminals from committing a new crime, saving prison costs and relieving pressure on prisons and maintaining the peace and stability of the society and family. It is because the significant effects that Parole system palyed both in prisons and the society, most countries have provided for the parole system. But in order to achieve the purpose of parole, development of scientific and rational conditions of Parole is the necessary prerequisite, whether the conditions of Parole are scientific and rational related to the success and failure of parole. China's parole rate, in the world ,is near the bottom level, the parole system does not play its due role, the main reason is the forbid conditions of parole are too harsh and the conditions are lack of maneuverability. I believe that it is the right that criminals should be paroled, it should be adopted to broaden the parole conditions, establish scientific and reasonable parole conditions with more operability so to increase parole rate. This paper compared and analysed the advantages and disadvantages between foreign parole conditions and chinese parole conditions in four areas.The four areas are condition of sentence kinds, condition of prison term, the substantial conditions and prohibited condition. Integrate with the legislation and the status of parole conditions in our country ,the author proposed the idea to improve the conditions of parole .Specifically, including the following aspects: First, the detention offenders should be given the right to release on parole; Second, make the parole to be the only way for life imprisonment offenders to be released ,no commutation should be given to life imprisonment offenders ,before the offenders could be released they must spend more than 13 years in the prison,to achieve real sense life imprisonment in China.; Third, recommend that abolish the "special circumstances" for the country's political, defense, foreign affairs, etc. in case of special needs parole; Fourth, establish a scientific and effective mechanism of recidivism prediction, refine the real sense conditions of parole in the standards, establish criminal profile and implement the system of percentage,so easy to practice. Fifth, under more stringent parole conditions , give the repeat offenders and violent criminals the right to parole.
Keywords/Search Tags:parole conditions, the nature of parole, recidivism, right
PDF Full Text Request
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