The Theory And Practice Of Parole System

The development history of parole system shows that because of its multiple butunique functions such as encouraging criminals to actively rehabilitate and relievingthe defects of long-term imprisonment, parole system gradually becomes the favoritechoice of modern criminal policies and is regarded as"the logic step through whichprisoners can achieve effective correction and transformation". However, restricted bysuch elements as laggard judicial notions, incompetent related systems and imperfectapplication procedure, parole system gets a cold reception in China. It only wins a rolein releasing some old, weak, disabled or sick prisoners before their sentence expires.Therefore, there is a need to reflect on the phenomenon, find out the deficiency inparole system and reconstruct it.The article is divided into three parts:The first part introduces and demonstrates the theoretical principles and practicalfunctions of parole system, digs deeply into why it receive so much recognitionworldwide, and reveals its universal values. Firstly, on the basis of introduce andanalysis to three doctrines on the essence of parole system, the article forms a newdoctrine on the essence of parole system, which will well satisfy the reality of China.Therefore, the article sets up its basic mood. Secondly, from the aspects of humanityand criminal law, the article explains theoretical basis of parole system so as to settlethe issue of its ontology. Thirdly, from aspects of positive effects, negative effects andits remedial measures, the article shows the practical functions of parole system.The second part introduces the overall phenomenon of parole application in China, and spares no effort in revealing the deficiencies in parole system and exploring thepotential reasons why parole system can not play it due role in China. As to the frontloadingsystem, the article considers that the ongoing substantive conditions of paroleis so abstract and recapitulatory that it adds great risks to judicial organs in theapplication, while the prohibition provision in object conditions not only deviatesfrom the basic theories of parole system, but also improperly restricts the applicationscope. As to the application procedure, the article mainly attributes the confusion ofparole practice in China to the unparallel parole proposal procedure, imperfect paroledecision procedure and the supervision procedure that can not yield any actualeffectiveness. As to the subsequent system, the article holds the viewpoint that thesupervision and inspection system and revocation system incurred most criticizes,which poses as the critical reason that judicial organs are reluctant to apply parole.The third part puts forward pertinent measures to perfect parole system. On macrosystem, the article holds that we shall change our notion on the essence of parole andunify legislation so as to shift the situation under which informal laws and regulationsprevail. On the front-loading system, in order to mitigate the responsibility on paroleapplication, we shall establish recommitment prediction system and provide a specificand detailed substantive condition for judicial organs. Meanwhile, the object conditionof parole shall be"strict but not prohibited". On application procedure, proposal rightand object right shall be grant to prisoners so as to establish dual proposal procedure,and the decision procedure and supervision procedure shall be modified in order tostandardize parole practice. On the subsequent system, execution organs outsideprisons shall be established to undertake the duty of supervision and inspection duringthe parole test period and the duty of recommitment prediction. Moreover, thepertinence and protection in the content of parole supervision and inspection shall bestressed.