On The Suitable Condition Of Parole

Parole is a penalty execution system which aims to promote prisoners who really show repentance to be resocialized through a conditional release from imprisonment. All countries have stipulated suitable condition of parole in order to guarantee social peace and stabilization and realize the purpose of parole as well. The suitable condition of parole is the prerequisite of suitable parole which concerns the success or failure of parole running. The parole in our country have played positive role in mobilizing the criminals'reform enthusiasm and promoting them going back to society, but suitable condition of parole is too principle, lack operability, especially lacks criterion to predict whether he/she will commit a crime again, therefore, the function of parole is seriously affected. The article comparatively analyzes the advantage and disadvantage of parole suitable condition in China and foreign countries from four aspects: condition of penalty type, condition of penalty term, substance condition and condition of prohibition for suitable parole. Then the author puts forward a tentative idea for improving parole suitable condition in China combining its legislative measures and present execution situation, specifically, it includes following aspects: Firstly, types of penalty which is suitable for parole should be clarified; stipulate the criminal who has been sentenced the following set term of imprisonment of 3 years not suitable parole. Secondly, increase a new penalty type of life imprisonment for which penalty cannot be reduced and parole is inapplicable. Thirdly, setup scientific factors to predict recommitment, further detail the measuring standards of"do not endanger society again", and get jobs as criminals'psychological measurement, personal information investigation and behavior files establishment well done. Fourthly, set up special trial court in which parole case can be openly tried under certain condition. Fifthly, strengthen the supervision role of Procuratorate, change afterwards supervision into supervision in advance and afterwards as well.