The Origin Seeking Present Situation Reconsidering And Restructuring Of Our Country Parole System

The parole system is one kind through to really has repents the performance crime person to attach the condition releasing before a sentence expires, to promote the crime person society to change into the objective the penalty to carry out the system again.Since the 19th century middles have produced, becomes the various countries to approve and to use gradually executes the system. Our country introduces this system in the beginning of the 20th century.Our country's parole system is punishes spaciously with unifies criminal policy manifesting which, the penalty and the education unifies, is urging the criminal to acknowledge guilt to abide by the law, positively to transform, returns to the social aspect to play the vital role.However, paroles with the world in utilizes a more advanced country to compare, regardless of our country's parole system executes the practice aspect in the criminal legislation, all has the big disparity, waits for in further consummates.Mainly displays in:Thelegislation stipulated the parole condition too is strict and the principle, lacks operationally; The again socialized measure is deficient; Legal surveillance measure endless consummation.In thought root, traditional penalty idea in people brains ingrained, the severe sentence principle thought still existed.Creates the parole in the implementation to be suitable rate is unbalanced lowly, with commutes a sentence is suitable massively forms the sharp contrast.Therefore, solves this problem correctly, to will impel our country criminal to transform the work the development to play the very important role.This article is for the purpose of through to paroling the system to have the developing process, overseas parole system content model obtaining, through paroles the system suitable present situation and the origin analysis to our country, proposed the enhancement parole is suitable rate, plays its role fully the system design,In order to realize which the parole system to contain “the education, transforms the criminal” the basic idea to provide the theory basis and the practice is possible.Therefore, this article mainly carries on the elaboration from following four aspects.First, parole system outline.The main encompassment parole system historical evolution, overseas parole legislation survey, parole system questions and so on rationale launch.The discussion parole system historical evolution, understood the overseas parole system the content, for consummates our country to parole the system to provide the model and the reference.Through to paroles the system rationale the introduction and the evaluation, conforms to the education in the affirmation parole system to transform criminal's penalty thought, to manifest the penalty economical principle, the response penalty individualizing and executes the socialization in the tidal current foundation.Creative proposed the parole system value orientation manifests is emphatically"Two balances" .The safeguard society public security and between the criminal again socialization individual demand achieved the best balance, as well as fully with reduces between the economical investment using the penalty social resources which executes to achieve the best balance.Second, our country paroles the legislation present situation and reconsidering.Specifically analyzes the object condition, the parole time condition, the parole substantive condition, the parole procedure, to ticket-of-leave man's inspection as well as the parole prohibition condition which in our country criminal law paroles.The parole question violates which to the postponed death sentence has carried on the analysis, the key discussion paroles the prohibition condition, points out its existence the unreasonable place.Some pointed proposed reforms our country present parole system the suggestion, complied with the modern age executes the system the trend of development.Third, our country paroles the system the movement present situation, the origin as well as the negative influence.Parole absolute quantity and is suitable the proportion to be extremely low, with commutes a sentence the system to compare suitably also extremely not not coordinated, the examination and approval cycle long, paroles after to the criminal the supervising and managing mechanism not to be imperfect,Like this already increased the supervising and managing difficulty, also does not favor the jail work the development and the criminal returns the society,regarding the reason author who creates this kind of present situation from the legal factor, the social factor and other factors launches the elaboration.Negative influence thorough discussion creates which to the current parole suitable present situation.Fourth, our country paroles the system the consummation and restructuring.The parole system development and the evolution are relate with the criminal law theory and the criminal law idea vicissitude.Therefore, must consummate our country's parole system to need to renew the idea unceasingly, dares to absorb and the model overseas all outstanding achievements, simultaneously also must pay attention must actual unify with our country. First, the change tradition severe sentence principle and sole by the retribution punishment primarily idea, setting up executes the economic as well as the safeguard crime everybody power executes the idea.Next in the parole system consummation, the author thought must place juvenile prisoner's parole legislation, the construction with emphasis has the Chinese characteristic community to rectify the system two aspects.