The Realistic Dilemma And Perfection Of The System Of Commutation And Parole

Commutation and release on parole are very important parts of penalty execution system in China. The two means play distinctive roles in penalty execution. Throughout educating and correcting criminals,commutation and release on parole are significant incentives without any doubts.Since commutation and release on parole are being emphasized in recent years, they have been thereby constantly improved. However in practice, there are still many questions and doubts needs to be addressed and cleared. Especially certain regulation and provision on penalty execution are contrary to each other, which preventing the development of commutation and release on parole.The article composes of 3parts to analyze commutation and release on parole system.Part1,the rationality of commutation and release on parole, which explains the importance of commutation and release on parole in educating and reforming criminals,and which is also crucial in realization of punishment.Part 2,analyzing the facts which impact the commutation and release on parole in practice,e.g.fine,penalty&compensation,computing&examination system,as well as the determination elements for release on parole,etc…Part 3,in accordance with outstanding issues in current commutation and release on parole system,the author gives constructive suggestion and recommendation for improvement.This article focuses on discussing the outstanding issue in current commutation and release on parole and suggesting improvement ideas, particularly in personal fatalness. By comparing the domestic and foreign standards of personal fatalness, the author identifies and analyzes areas that current commutation and release on parole needs to be improved. This is a relatively new field, which using personal fatalness as primary evidence for commutation and release on parole.