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Study On The Parole System Of The Criminal Policy Of Combining Punishment With Leniency In Our Country

Posted on:2008-06-23Degree:MasterType:Thesis
Country:ChinaCandidate:S WenFull Text:PDF
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Parole, being the criminal system enforced all over the world, is of significant importance for promoting the positive criminal reform, as well as realizing the goal of prevention of crime by criminal punishment. The author of the article has surveyed the existing parole system in our country from the perspective of the criminal policy characterized by combining punishment with Leniency, and confirmed that the criminal policy characterized by combining punishment with Leniency certainly will promote the parole system to break through the former deadlock and realize the staunch conviction of the integrated development basing on the correct apprehension, appropriate application and propagation of the criminal policy, as well as the systematic analysis and understanding of the series of theoretical and practical problems of the existing parole system. The existing criminal system of alternating penalty with mercy is characterized by tempering penalty with mercy, the criminal legislation and justice of our country tends to be soft, by acclimating the development tide of international parole system and the good situation of building harmonious society and basing on the scientific analysis of dangerousness of the person, the comprehensive objective of penalty, and theory of educative punishment included and inter-working with the parole system and the criminal policy of alternating penalty and mercy, it is acknowledged that the future development of the parole system is very optimistic on the basis of guidance and promotion of the criminal policy of alternating penalty and mercy. Of course, the current operational situation of the parole system is not optimistic, there are some a series of problems existing in terms of ideology, legislation and justice, such as, obsolete ideas, settle practices hard to reform, laggardness of legislation, which are urgent to improve, the vicious cycle of enforcement eager to be reformed, in general, it is hard to alternate penalty with mercy, and need to improve to achieve perfection; In terms of improving the parole system of our country, it should start with three links of problems-existing, and pay attention to actively advocating some advanced international executing concepts, such as, the concepts involving educative punishment, moderate restriction of punishment, Economy of execution, socialization of execution, as well as further improve the existing parole system of our country by properly using better regulations and practices of other countries and regions and good ideas of some leaders and scholars as reference, basically, the propagation and popularization of the new ideas of the parole system, the applicable evaluation and risk prediction of scientific and accurate on the parole system as well as the putting in the right place of probation system will play a key role, the author of the article has concluded and analyzed on the practical work involving the parole system, and presented the individual opinion in terms of carrying out the criminal policy of combining punishment with leniency and pursuing a series of new regulations of the parole system in Beijing. We have the reason to believe that the criminal policy of combining punishment with leniency certainly will be able to eliminate the age-old malpractice existing in the current system of legislation and justice, bring its incentive mechanism of execution into full use, initiate a new development idea for the parole system of our country, and open up a creative climate of work, meanwhile so as to enable most of persons serving sentences will be able to achieve the dream of freedom through the sunlit path of parole.
Keywords/Search Tags:the criminal policy of combining punishment with leniency, parole system, introspect, perfection
PDF Full Text Request
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