The Analysis Of Our Countyy's Parole Execution System

The parole system plays a very important role in educating and reforming criminals. However, as the low rate in China, the parole cannot play an inward role; one of the most important reasons due to the incompetent execution to the parole in our country, and the parolee cannot acquire effective supervision and protection. So according to integrate theory with practice, and regarding both substantiality and procedure as equal importance, the parole execution system in China will be analyzed and the issues of substantiality and procedure in the parole execution system will be put forward a systematical discussion in this passage. What's more, some suggestions will be made to improve the parole execution system in China.Except the article introduction and conclusion, the treatise is divided into 3 parts:Chapter 1:the analysis what the parole execution system supposed to be, which mainly stated the parole execution system theoretically, including: in the entity aspects, analysis to the body of parole execution, the content of parole execution, the duration of parole execution, the revocation of parole execution; in the procedure aspect, elaboration to the start, modification and end of parole execution as long as the procuratorial supervision.Chapter 2:the investigation what the parole execution system actual be in china, which mainly analysis the issues in the parole execution in China:First, in the entity aspects, the executive director in China is unsuitable; the content of execution is careless and inappropriate, which pay much attention to the restriction while ignore protection; the execution period is short of elastic and cannot show diversity; the condition of parole revocation is too rigorous. Second, in the procedure aspects, the parole execution failed to cooperate to each other; the revocation procedure was lost, the procuratorial supervision to the parole execution was ineffective.Chapter 3:the suggestions to the reformation and improvement of the parole execution in China. This chapter was separated into 3 parts. The first part discussed the improvement to the entity of parole execution, and took the proposal from the body, content, duration, condition of parole execution, including:(1) To the body of parole execution, the non-imprisonment penalty implement branch should be located under judicial administrative organ, under which parole implement bureau, which specialize the parole execution and supervise and protect the parolee effectively by combination with the practice of community correction, should be located; (2) The content of parole implement should be enriched and detailed, to combine the supervision and protection to the parolee; (3)The elastic regulation to parole execution duration should be applied in accordance with relatively determination principle, to display the penalty individualization principle; (4) The status "revocable parole" should be added to make different decisions according to the unlawful acts of parolee. The second part of this chapter discussed the improvement to the procedure of the parole execution. The delivery procedure should be established; the public hearing procedure should be structured explicitly and all of lawsuit right in the parole revocation should be enabled to parolee. The procuratorial supervision should be improved. The third part, the specific "law of criminal execution" was suggested to be enacted by the view of execution integrity, in order to regulate the parole execution even the whole penalty execution.