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On The Defect And Perfection Of China's Parole System

Posted on:2007-04-27Degree:MasterType:Thesis
Country:ChinaCandidate:Z HuFull Text:PDF
GTID:2166360185980992Subject:Law
Abstract/Summary:PDF Full Text Request
Parole is a penalty execution system in criminal law. The initial Parole legislation in our country has to be traced back to Qing Dynasty in early last century. With the foundation of People's Republic of China, Parole was regarded as a reward in the Regulation on Reform through Labor in 1954 and legislated firstly in 1979 Criminal Law as a statutory penalty execution system.The situation of release on Parole manifests the rationality of legislation on Parole. For recent years the release percentage on Parole was held a low level of 2% in our country, comparing with the annual average release percentage of 30% in developed countries, Parole didn't reach the deserved effect on encouraging and restricting and correction on the criminals and solving the worldwide problem of prisoner boom in our country, which even go against the trend of global penalty execution. The main reasons to limit the release on Parole are due to the improper social understanding and the lack foresight of the lawmaker as well as the inappropriate of construction of execution procedures.Pinpointing the current status of Parole legislation and execution in our country, the author made a detailed analysis on the institutional defects on who, how and when for release on Parole, probation period and revoke on Parole, the lack of particular legislation for juvenile delinquency as well as procedural defects on short of recommitment prediction and unsuitable arrangement of execution body in the probation period. The author proposed the perfection measures by referring to foreign legislation and domestic reality on Parole legislation and execution, esp. on the improvement of essential demand of release of Parole and completion of Parole legislation for juvenile delinquency as well as establishment of bilateral execution bodies in probation period. For the above three aspects, the author suggested introduce the recommitment prediction to make the essential demand operable and put mandatory Parole into practice for juvenile delinquency as well as establish professional Parole execution body officially and community correction locally.
Keywords/Search Tags:Parole, Parole legislation, Parole execution, Recommitment prediction, Community correction
PDF Full Text Request
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