| System of Commutation and Parole is an important punishment executive change system. To use it correctly and effectively would play an important role in promoting the inmates'change, to stabilize the order of prison and to realize the function of punishment better. Due to the imperfectness of legal norm, lots of operational problems were met in justice practice. And these problems hinder the practice of system of commutation and parole. This thesis starts by illustrating the theory and the law base of system of commutation and parole, to give a correct analysis of system of commutation and parole's nature and the role it plays, referring to the key problems in judge practice to give a complete suggestion of system of commutation and parole.This thesis is divided into 4 parts:Part-1: Legal ground and theory basis of System of Commutation and Parole. (I) It is about the penal policy in which punishment and education are combined. Because commutation and parole can bring criminals discharged from the prison before the complement of his or her term of imprisonment to get freedom, this the implementation of commutation and parole brings hope or expectation to the prisoners, to promote them to accept education and stimulate them to try their best to improve themselves to leave the prison before finishing the term of imprisonment to get freedom. So commutation and parole reflects our country's penal policy of combining punishment and education. (II) The goal of punishment. The role of punishment and precaution are played by punishment, these are realized through punishment of punishment and educational functions. The realization of the goal of punishment is an enduring process, it needs some time, while the time needed depend on different people. Some need to finish the term of imprisonment, some get to the goal by execute some but not finish the term of imprisonment. The function of commutation and parole lies in prisoner getting freedom and going back to the society to realize punishment in advance when reaching the goal of precaution of commit a crime again before the person reaching prison term.It's about the legal grounds of commutation and parole. (I) it's about the legal ground of commutation. Article 78 of Criminal Law of the People's Republic of China stipulates the 6 cases that commutation can be carried out, in which criminals are sentenced to control, criminal detention, imprisonment, life imprisonment during the execution of the sentence could be the case of commutation, and also major meritorious performance, for which the criminals should get commutation. Article 50 stipulates the commutation conditions after the completion of prison term for death sentence with a two-year reprieve prisoners. 1. Object condition. Commutation should be applied to criminals sentenced to control, criminal detention, imprisonment, life imprisonment and death sentence with a two-year reprieve. 2. Substance condition. Substance condition for commutation is that criminals obey rigidly the prison rules and accept education, have repentance behavior or carry out meritorious performance during imprisonment. And criminals fulfill the preceding can get commutation. Criminals should get commutation, they should have major meritorious performance during their prison term. 3. Limitation condition. The limitation of condition is: the prison term after commutation for criminals who sentenced to control, criminal detention, and fixed-term imprisonment must not be less than half of their customary prison term; for criminals who are sentenced to life imprisonment, the prison term must be no less than 10 years. It is stipulated in Supreme People's Court's interpretation about a number of issues on specific application of the law in the cases of commutation and parole. Through one or more times execution of commutation, the criminals who are sentenced to death punishment with a two-year reprieve should carry a practical implementation of the sentence not less than 12 years (excluding the two-year in the reprieve period of death punishment).(II) Legal ground of parole. Parole refers to the system of conditionally releasing criminals from prison in advance if after a period of imprisonment, the criminal who are sentenced to fixed-term imprisonment or life imprisonment obey rigidly the prison rules and accept education, have repentance and do no more harm to the society. 1. Conditions on parole. (1). Prerequisite. According to article 81 of criminal law, for fixed-term imprisonment, it must not be less than half of their customary prison term. For criminals who are sentenced to life imprisonment, the prison term must be no less than 10 years. Then, parole can be executed. (2) Substance condition. Parole can only applied during punishment execution, to criminals who obey rigidly the prison rules and accept education, have repentance behavior or carry out meritorious performance during imprisonment, and if get parole, the criminal will not commit crimes to the society. This is the most important condition in applying parole.Part-2: The accomplishments and problems of our country's present System of Commutation and Parole. Detailed data is used to introduce commutation and parole case handling situation of our country from the year 1998 to 2004, and problems in System of Commutation and Parole of our country are raised.There are problems in commutation system. (I) There is no scandalized criterion. The phenomenon of different prisons has different criteria, and courts in different region have different criteria, and law enforcement is not unified throughout the whole country, it severely damaged the seriousness of law. (II) Basis for confirming commutation is too simple. Punishment executive authorities adopt hundred-point system of evaluation in prison administration and make criminals idea change and reformation through labor two major contents in examination. But because idea change can not be easily quantified, in punishment practice, scores for examination centers around completion of quota labor, which can be easily examined, and daily behavior. This to a great extend hinders accurate evaluation to criminals'thinking. And many courts simply connect the direct results of hundred-point system of evaluation in Prison authorities and commutation prison term. And this basis is too simple and too inflexible. (III) Condition limitation of commutation is unreasonable. Criminal Law generally gives too low limitation, especially on life imprisonment and death sentence with a two-year reprieve, this is unreasonable. (IV) A lack of inspection and supervision and Rehabilitation constraints in commutation. Current law system can not repeal criminal's subtracted imprisonment, so it is hard to manage the criminals whose prison term after commutation is close to legal prison term, the result is that the criminals have no expectation of commutation after commutation, and do not obey administration and bring severe side-effect to prison supervision. (V) The judge pattern is lack of openness. In commutation and parole cased, traditional written form is adopted in judging, this is not of high openness, which would easily evoke citizens'doubt about the fairness of judging. At the same time, concerned party and interested party are excluded from the judge procedure; it is not good for protecting criminals'and victims'legal rights.There are problems in parole system. (I) A lake of legislation results in its weak operative feature. After parole criminals do no more harm to the society. It is hard to give accurate judge and practical operation, it's hard for the judge authorities to judge accurately and operate practically, and the vital thing is the high risk, it is hard for judge authorities to shoulder improper responsibility risk, the result is parole is hardly applied. (II) A lack of effective supervision over parole criminals in probation period. The right of Supervision and inspection over the criminals are transferred to organs of public security. While organs of public security are under heavy tasks, police numerical strength is in severe shortness. So it is hard for them to carry effective supervision and inspection over parole the criminals in probation period. (III) Legal parole exclusive condition does not conform to economical principal of punishment. According to the relative regulations in current criminal law: parole is not allowed to be used to repeat offenders, or sentenced to more than 10 years fixed-term imprisonment or life imprisonment criminals due to homicide, explosion, robbery, ravishing, or kidnapping and other violent crimes. The preceding exclusive condition uses a pattern allowing no flexibility. And this pattern to some extend negatives convertibility of social personality of criminals committing this type of crime, and does not conform to economical principal of punishment.Part-3: Perfection of System of Commutation and Parole in this country. Aiming at the problems put forward in Part-2, solutions and suggestions are proposed from various aspects, to promote System of Commutation and Parole to conform more to objective reality and to realize better the goal of punishment. (I) Unify the commutation standard of the whole country, and set scientific and perfect crime inspection improving quality evaluation system and commutation standard. (II) Establish integrated suit commutation basis. When the People's court is deciding commutation, besides prison authorities inspection result, the nature of crime, the process of crime, the reason for crime, and the degree of subjective culpability of the mind and detailed situation of punishment also be considered. (III) Identify scientifically crime commutation prison term limitation. The author proposes that article 78 of Criminal Law, the general limitation condition, should be changed into: for the criminals who are sentenced to control, criminal detention, fixed term imprisonment, the practical implementation of the sentence after commutation should be no less than three fifth of the original sentence; and for the criminals sentenced to life imprisonment, the practical implementation of the sentence after commutation should be no less than 20 years; while for the criminals who are sentenced to death sentence with a two-year reprieve, the practical implementation of the sentence after commutation should be no less than 25 years. (IV) To build commutation repeal system and commutation probation system. That is if legal situation occurs in legal term after criminal being sentenced commutation, inspection authorities should propose to people's court who has judged commutation to repeal its commutation system. (V) To adopt a more open pattern in judging, guarantee the quality of the case, and adopting reporting and hearing pattern is feasible. Besides, hold forums and questionnaire survey and personal conversation and so on can be adopted to seek fair, justice, and eliminate the public and the criminals'doubt about commutation cases judgment.The perfection of parole system. (I) Specify the subject conditions of parole and consider to set recommitment forecast system, including criminal psychological quality condition, evaluation condition of changing quality and recommitment of crimes evaluation and ability to condition themselves in society in probation period, and forecast of dynamic state of obeying supervision behavior rules to determine that whether the criminal no longer do harm to the society, finally to determine whether parole is suitable to the criminal. (II) Perfect parole supervision system in probation period. First, to set complete supervision authorities, in the charge of parole tutoring and evaluation. Second, refer to Japanese tutoring rescue system, which is in protected observation, to provide social rescue to help them socialized again. Third, establish security deposit and personal guarantee system. (III) Amend prohibitive provisions about parole in criminal law of our country. To stipulate, for example, that to the criminals who are sentenced to more than 10 years due to repeat offend homicide, explosion, robbery, ravishing, or kidnapping and other violent crimes, should carry a practical implementation of no less than two thirds of the original sentence. And to life imprisonment criminals, should carry a practical implementation of the sentence not less than 15 years, and then, they can get parole.Part-4: See the Development trend of our country's punishment system by looking at the advantages and disadvantages of System of Commutation and Parole. through comparing the advantages and disadvantages of System of Commutation and Parole, the conclusion that We should establish a comprehensive System of Commutation and Parole on the method of using uniformity of points assessment and overall appraisal ,prevent and eliminate the wrong behaviors of commutation ratio and appeal non-commutation factitiously .we also should perfect the system of parole supervision and assurance mechanism ,build lawsuit institution of commutation and administrative law operating mechanism to improve prison administration.
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