Parole - Social Executioner Way,

The birth of parole system originated in the defects of imprisonment and has being developed accompanying the theory of crime prevention and the practice of uncertain imprisonment. Its arising and coming into be popularly applied symbolizes the modernization of criminal law and the certainty of criminal policy. More important of all, it is an effective means to resolve the controversial theories concerning execution of punishment, to promote the rehabilitation of convicts, and to low the high rate of re-crime. At the present time, Chinese academia defines "parole" in the same way as the definition of "probation", i.e. within the boundary of "the system of criminal punishment". Studies usually concentrate on parole objects, parole requirements, and parole functions etc., focusing simply on the issues of "releasing." Research rarely involves the continual correction of those having been released. The application of parole system is still conservative, which takes up only 3 percent of the convicts—a figure rather lower comparing with the 20%-30% of probation rate. At the same time, legislation being sluggish, community correction hasn't been popularly promoted. Out of the consideration only of safety, criminals released lack of continual correction. The function of parole system is far from being fully played. The author tries to widen the borderline of parole theory by positioning parole as socialized way of criminal execution so as to promote the ongoing criminal socialized process of correction and complete the measures of correction after the criminals have been released back to the community. In this way, a law-breaking convict might favorably be transformed to a law-abiding citizen. Therefore, the quality of criminal punishment might be lift, the re-crime rate might be lowed, the ultimate purpose of correction could be carried out. This thesis is mainly divided into four parts:Part One: By analyzing the personality of convicts, the subculture of prisons, and the expensive cost of imprisonment, the author points out the necessity of the existence of parole system. Meanwhile, the author discusses the following values of parole, which helps to play an active role in the process of correction, to maintain the security of prison management, to reduce the cost of correction, to avoid the excessive criminal punishment, and to rehabilitate the convicts by way of making fully use of social forces and so on. Part Two: The author also points out the various obstacles such as traditional opinions, judicial theories, legislative barriers, and criminal policies etc. which have prevented the application of parole system. Therefore, the function of parole system, which should be available for the criminals becoming normal citizens, has far from being fully played. Part Three: The author suggests the position of parole be reset up. On the basis of both theory and practice, parole should not only be a system of punishment but a practical method available for convicts' rehabilitation. Based on the premise of imprisonment, the ultimate purpose of parole should be to help convicts rehabilitate and return to the community. Differing from simple traditional criminal punishment, modern parole system should be open to socialized community remedy. Part Four: The author initially suggests the making of "Criminal Execution Code." The requirements or conditions of parole should be modified, the procedure of parole should be accomplished, specialized professional correction institutes should be set up and relative personnels qualified. And solutions to the reposition of parole are also discussed.