Research On The Perfection Of Commutation And Parole In China

In the period of execution of punishment, with the changing of criminals personal dangerousness, so do the execution of punishment. The use of penalties should not only punish the criminals, but educate and encourage them to be a different person, therefore, many countries around world set relevant criminal laws-commutation and parole system to achieve that goal. The effective application of commutation and parole system is very important to promote the criminals' rehabilitation and implement the special prevention of penalty. From the view of the world's major national legislation, there are objectively two general models in configuration of jurisdiction of commutation and parole. In the anglo-american law system, administration(mostly the committee of commutation and parole) is usually authorized to exercise it, and in continental law system, the court play the main role. As the last step of the criminal procedure, the scientific design and reasonable utilization of the commutation and parole system is a crucial problem in the criminal activity execution routine. the reasonable configuration of commutation and parole system will favor the correct application of commutation and parole and effectively prevent the abuse of power. Otherwise, the inappropriate configuration of commutation and parole will weaken the restriction mechanism and cause the judicial corruption.With the gradual improvement of Chinese socialistic legal system, as a important part of it, penalty implementation itself also need further reformation to adapt the social development. According to current law, in China, commutation and parole are judged in written form, this is unfavorable to examine the qualification of the criminal, and the procuratorate also reflects the lack of supervision means in the execution of supervision, this is not good for reducing the irregularities for favoritism during the commutation and parole. Many criminals lost the chances because of the lack of procedures which involve their participation. All these problems need a intact commutation and parole procedure to carry out. Therefore, to the foresaid problems, the whole commutation and parole procedure should be designed in a more specific and comprehensive way.,...