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Parole Research

Posted on:2008-09-02Degree:MasterType:Thesis
Country:ChinaCandidate:Y P XuFull Text:PDF
GTID:2206360215460930Subject:Law
Abstract/Summary:PDF Full Text Request
The parole system, which originated from Europe in 18th century, is the product of the advancement of modern democracy and legal system .It is also the symbolic system of prison civilization. As an execution system, it has deeply theoretic base .In the west, it takes root to the retribution theory, the goal punishment theory, the penalty integration theory; In China, It continues to absorb the nutrition of the civilize theory and the penalty individually theory. East and West judicature civilization the fertile soil and the nutrition, have entrusted with the parole system by formidable and lasting vitality, causes it by the national obligation and the criminal right appearance, manifested has encouraged the criminal to regretfully realize one's mistakes, to promotion penalty individually , the judicial relief, establishes the bridge of criminal again socialization, to promotion penalty is more economical, delays the jail pressure the function, It plays vital role in influencing losing footing, safeguarding the criminal human rights, frugal ling national resources. In our country, as an important system of modification of execution of punishment, parole system is not only has manifested the policy of jail work of "the penalty and the reformation unifies, reforms person objective" fully, moreover it plays an active role in promoting prisoner to urging the criminal to plead guilty and observe the law, to repent and start a new, to return to society smoothly. However, in recent years, for the sake of legislation and judicial practice, the rate of parole system is fairly low, in contrast with commutation .In this situation ,many negative influences have been brought on surveillance and reformation business. Caused the jail to execute the benefit low, the criminal rate of recidivism rise objectively, also directly affected the international image of our country to safeguard the criminal human rights. Therefore, the voice of perfect parole system more and higher in the legal theory and the judicial practice .It causes us to be able not but to ponder, to inquire into to the consummation of parole system. I try begin with analyzing and origin ,connotation ,legal attribute ,theoretic base of parole system ;then, dissect deeply parole system and its present situation of applying in our country;finally,I will put forward individual opinions on how perfect parole system in our country .
Keywords/Search Tags:parole system, present situation of applying, perfect
PDF Full Text Request
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