Font Size: a A A

On Parole System

Posted on:2008-08-19Degree:MasterType:Thesis
Country:ChinaCandidate:J LvFull Text:PDF
GTID:2166360242459201Subject:Law
Abstract/Summary:PDF Full Text Request
As the altered system of criminal punishment, parole is generally adopted around the world. According to the theory, our nation should regard parole as one of criminal's rights. The reasons read as follows: It reflects not only the teleological principle of penal education and the economic principle of criminal punishment, but also the trend of criminal execution individualization and socialization. In addition, it has several practical functions, such as stimulating criminals transform, altering criminal punishment and helping criminals return to society.Whereas, we still have low proportion and few cases in applying parole, the parole system has not played the corresponding role in the educational reform. In order to change this situation, besides the further improvement of the parole system, we must change our concepts, going with the modern criminal policy and paying attention to penalty execution and its benefit and socialization, to expand the overall parole application and to change the present situation that the parole system becomes increasingly strict and has low application rate, then actively create conditions for the criminals to return to society. In the meantime, we should realize that parole means the transition period from prison life to social life. It is not the reward to criminal but the means to help them return to society. During the construction of the parole system and the process of judicial enforcement, the judicial department should adapt to the tread of its development and uphold right in penal theory and legislation, aiming at truly protecting the criminal's rights and bringing this vulnerable group into those who can enjoy the protection of human rights.As the altered form of penalty execution, the parole system's improvement is of great significance to overcoming commutation which is a phenomenon of abuse with great social utilitarianism. In detail, this system will be in favor of completely determining criminal's penalty according to their penitence. In addition, it can reflect the people-centered humanistic concern and protect the rights of criminals.However, there are still many problems in its construction of entity and procedure. Our nation should perfect our legislation to solve the problem that the relevant regulations of parole are scattered in various legal provisions and formulate the unified law to stipulate the parole system. What's more, our nation should also establish the unified criminal law enforcement and the penalty will be incorporated into the track of the rule of law. Furthermore, we must put emphasis on the rehabilitation of criminals and the protective measures of their returning to society. In a word, our nation should take the crime control and prevention as a social project and gradually change the imprisonment into social virtue, so as to contribute to social stability, harmony and the promotion of criminal justice to the scientific and international orientation.
Keywords/Search Tags:Parole, Parole System, Parole Supervision, Community-based Corrections
PDF Full Text Request
Related items