Amendments To The Criminal Law (8) The Effect Of Commutation And Parole System On Prison Work

Content:The penal code of P.R.C has experienced eight amendment modifications since enacted in1997. Among them, the eighth amendment in2011has been revised with largest range and most widely influence. Major changes of commutation system has been made based on this amendment. In addition of extensions of serving term on eight main crime category with high level of social harm(A.K.A murdering, raping, robbery, kidnapping, arson, setting explosion, hazarding, engaging in organized violent crime) after commutation, limitations are made on commutation of death row(including the case of two-year probation). Also, minimum term of imprisonment of lifetime prisoner with parole has been changed from ten years to thirteen years. Moreover, this amendment have made an adjustability of modification for the applicable condition of parole and implementation methods and have expanded the subject scope of without parole.The modification of this amendment provided directions for the commutation and parole system of our country’s prison management on system level and step closer to a systematic institution. However, it brings out more challenges to the actual supervision work in prison management of our country from another perspective. These challenges including both institution level and regulation level.If the prison failed to understand this challenge in actual supervision, it will turns to be negative effect instead of improvement in administration and make the original purpose of this amendment pointless. So the prison and its administration organizations need to realize the challenges from modification of this amendment of criminal law and to fulfill the requirement of parole related work, improve their administration level and getting adapted to the eighth amendment in the actual work of criminal execution.How to overcome these challenges will be the new topic for the prison administration personnel and judicial policemen. The author thinks that according to the changes of eighth amendment of criminal law on the commutation and parole system and the challenges it brings on prison administration, in microcosmic aspect the prison administration should react by the construction of internal supervision system, the changes of supervision method and the promotion the professional quality of judicial police. On the macroscopic aspect, it will be appropriate to finalize the regulation in law on the security system of the person in prison, infrastructure, and part of the marketization resources exploration in the prison.