Font Size: a A A

Research On System Of Commutation And Parole

Posted on:2009-03-22Degree:MasterType:Thesis
Country:ChinaCandidate:J H LeiFull Text:PDF
GTID:2166360275968789Subject:Law
Abstract/Summary:PDF Full Text Request
Commutation and parole is a key penal implementation system stipulated by the "Criminal Law" and "Criminal Procedure Law" of China. It is a crucial part of the trial procedure of the People's Court as well as an important aspect of the prison's penal implementation. Commutation and probe concerns whether penal punishment is carried out rightly, whether crimes can be prevented or reduced, whether the criminal policy is implemented, whether the penitentiary is safe or stable, whether the society is peaceful and stable and whether the a harmonious society can be built or not.During the years of judicial practices since 1949, the new China has accumulated rich experiences and has basically formed a relatively complete system. From the perspective of implementation departments and practical operation, the author holds that the commutation and parole system of China need improving. For example, the implementation standards of commutation and parole are not consistent. Though on October 29, 1997, the Supreme Court has framed "Regulations on Issues of Applying Laws to Handling Commutation and Parole Cases", still it is too flexible in that there are many words like "generally", "if", "in comparison with", which leads to the inconsistency of implementation standards among the various provinces and cities. Moreover, procedures of commutation and parole are not reasonable. In the light of the "Regulations on Commutation and Parole Procedure" framed by the Ministry of Justice on May 1, 2003, the procedures of implementing commutation and parole cases are clearly stipulated. However, the grass root prison police don't have adequate proposal rights for commutation and parole; the prison management departments which are in charge of the daily assessment of the criminals do not have the veto rights for commutation and parole; the criminals, as the immediate party of commutation and parole, do not have the due rights of participation.In order to further improve the commutation and parole system of China, the authors proposes that first a unified "Penal Implementation Law " should be framed, through which the duty and power of People's Court, People's Procuratorate, Public Security Department, Prison and their law execution personnel are standardized. Second, a scientific assessment system and daily evaluation measurement for the criminals' rehabilitation process should be established. Third, the procedures of commutation and parole should be improved. Fourth, the criminals' rights of participation and rights to know during commutation and parole should be guaranteed. Fifth, the supervision rights of the Procuratorate should be strengthened in order to standardize and publicize commutation and parole. Through the measures mentioned above, the goal of maintaining a fair justice can be achieved; the cause of penal implementation in China can be truly advanced scientifically and ail-roundly.
Keywords/Search Tags:Commutation, Parole, Penal Implementation, Improvement of System
PDF Full Text Request
Related items