A Study On The System Of Parole Revocation In China

Parole revocation will be provisioned for the three situations by China’s criminal law, the new crimes, discovery of past unknown crimes and breaking laws and rules. However, in the past unknown crimes, there is no specific distinction between intentional crimes and unpremeditated crimes, and there is no mentioning of when it happens, and in breaking laws and rules, it is unknown whether it is a serious violation or minor offense what is more, the provisions of the conditions for parole revocation are too strict. Neither does criminal law have clear rules for the specific contents of the “legal procedure of parole revocation”, nor does criminal procedural law have other provisions on specific content of parole cancellation procedure, nor does it concern the problem of parole revocation in the procedure for trail supervision. Therefore, we need to have a study on parole revocation system.This paper has five parts, about 35000 words.The first part, the basis of China’s parole revocation. At first, the basis of China’s parole revocation is analyzed theoretically. Firstly, parole revocation conforms to the essence of parole, which is organized by the favor of parole, parole rights, parole penalty execution, parole sentence form. Secondly, parole revocation is also conductive to play the function of parole, and parole revocation is a punishment for the released on parole and a warning for others. Thirdly, revoking Parole has important significance for education, the reform of the criminals and crime prevention for the released on parole without thoroughly repentance,which conforms to the purpose of criminal law. Then it discusses our country parole revocation from the legitimacy of law. Firstly, the regulation of our country criminal law about parole revocation is that the judicial authorities shall have the right to cancel the parole for the released on parole without conforming to the relevant provisions. Secondly, parole revocation adapt to our country criminal policy " tempering justice with mercy", for no modification good parolee written is the embodiment of strict.The second part, the study of China’s parole revocation condition. First of all, the new crimes of the released on parole should be distinguished between intentional crimes and unpremeditated crimes concretely. If the person on parole intentionally commits crimes, his parole should be revoked. If the person during the probation commits crimes because of negligence, his parole shouldn’t be revoked. If a case is intentional crime, regardless of the private prosecutor ever told, it should revoke the parole. If a case is negligent crimes, it should not revoke the parole. The new crimes that belongs to a case of private prosecution should be considered intentional crime or unpremeditated crimes. Second, if the person who is found to have breaking laws during the probation, his parole should not be revoked. Finally, when the person has just a minor offense, his parole should not be revoked,but only when the person has a serious violation,his parole should be revoked.The third part, parole revocation problem investigation of our procedure for trial supervision.After termination of probation, parole is destroyed, and the original ruling retrial sentence should not be written. On the legitimate but wrong shouldn’t ruling on parole for a new trial, It will conducive to the protection of the rights of established by parole people and realize the procedure justice.The fourth part, our country parole revocation problem as the investigation after time. After revoking parole, previous probation period shouldn’t be in prison. However, during the period of probation additional term deprivation of political rights that has been performed shall be still valid.The fifth part, the study of China’s parole revocation procedures. The lower court to cancel the ruling on parole is unreasonable, the superior court allowed to make a written decision can appeal to the court to coordinate case-hearing level problems in criminal procedure law. Most people was paroled illegal, violations occurred, and the original of the place where the court ruling on parole, so it is easy to increase the difficulty of the parole revocation cases. For this kind of situation, proposed by the inspection authority is located under the jurisdiction of the people’s court at the grass-roots level. New crimes under the jurisdiction of the court to cancel the original referee court made a ruling on parole lack of processes, suggest new crimes under the jurisdiction of the court to cancel before the parole should be to inform the original referee court, after the revocation of parole should be to the original law courts for the record.