Study On Parole System In China

Parole as punishment in the history of relatively young way of penalty execution, due to its effects on social resources, saving judicial resources, the social relationship repair advantage is paid attention to day by day. The general trend of the execution of punishment still tend to gradually increase the strength of parole, parole work to carry out a large number of parole is perfect to have the direct appeal. The Supreme People's court in 2010 February promulgated in 2010 February the Supreme People's court has issued" on the implementation of criminal policy of combining punishment with Leniency" in some opinions on special case of parole provisions of the trial procedure, in the judicial interpretation of the level of parole is the court trial procedures have a legal basis.But in the reality of penalty execution in the parole is rarely used a kind of penalty execution means, in China's current legislation is relatively backward, resulting in a program unsystematic, parole fuzzy and difficult to grasp, the masses of the people for parole relatively opaque existence some questions, state of the released on parole supervision and management does not reach the designated position, in real life plagued the penalty enforcement organs and judicial organs, parole judicial procedure not free to some extent caused by the current China's parole rate is far below the commutation rate of reality. In the economy of execution and defense of social pressures, inevitable requirement formed a set of effective and efficient procedure for treatment of parole case trial. The current trial of parole case in practice rarely used, but according to the criminal law provisions of parole, as well as the purpose of parole, in addition to his criminal penalty execution counts, shall be trial needed to identify the facts on criminals in the punishment execution process performance, and social aspects of the feasibility of parole after regression. During the trial, the design process in the protection of trial on the basis of ascertaining the facts, both procedures to minimize the judicial efficiency and waste of social resources, through the front case before the court according to the actual needs of study will be the court shunt for simple procedure and general procedure.Besides the introduction and the conclusion is mainly divided into four main parts. In the first part is the introduction of the parole system origin and origin, through to the parole system origin review on the history of the parole system was introduced, and based on the historical conditions of parole parole origin, as our country scholars the prevailing definition of parole. On the theoretical basis and parole were screened. Review on parole after the history of the world, simply introduces the parole in the execution of punishment of the present status and major national implementation. The second part of the status quo and problems of Chinese parole system, first in the different historical conditions of parole system or parole system prototype exists in the form of a brief analysis of China's mainland in the different historical period, the characteristics of evolution of system. In the study of history for 97 years after the new criminal law for parole shall be analyzed and interpreted, the parole system application procedure, applicable conditions, parole test to do some research. On mainland China's parole system in current legal literal understanding, through years of practice in the judicial punishment execution exposed in such as the use of parole rate is low, lagging of legislation, execution of punishment poor convergence, criminal parole supervision, transformation, security system is not perfect, the parole decision program is too simple, the operation process of opaque has plagued other parole work problems. At present in the light of these problems, solutions, and the way to solve deficiency causes and root causes analysis. The third part of the parole system the reform necessity, the first is to undertake the second part lists the deficiency and solution cannot be analyzed the reform of court hearing and the urgency of the need, then the main current parole in the case of written trial procedure and the trial procedures for feasibility and economy were analyzed, to specific procedures for details of the analysis proves the necessity of the reform. And analyzes the test phase of the parole hearing defects and procedural flaws. The fourth part parole hearing the feasibility analysis of the reform of the current trial method, according to the two trial characteristics that differentiate to focus on evidence showing the type of mode of trial and focus on the investigation of cross-examination style of mode of trial, is aimed at two kinds of mainstream thinking emphases in different trial led to the advantages and disadvantages and the process simulation analysis and evaluation. Finally in the value based on the analysis of the reform of court hearing of the case according to the parole parole procedure of investigation will focus on the distinction of summary procedure and common procedure, the parole hearing process according to different cases of flexible options for parole hearing procedure, in the case of the facts are clear, no party litigation dispute under the conditions of the applicability of evidence display category consisting mainly of trial by judge, judge evidence sources of legitimacy and authenticity, procedure guarantee the fairness and justice. In the case of some controversy component conditions, applicable case investigation type in the presence of certain adversary general procedures in trial, safeguard the case the parties have a process to express their views, opposite opinion opportunity, in its own investigation, evidence, cross-examination basis, justice of procedure after evaluating the evidence in the simultaneous assessment of multiple participants opinions, in the comprehensive comments on the ruling. To distinguish between the hearing situation to discriminate between the trial mode can give attention to the facts of the case investigation and judicial resources and social resources saving, in the current criminal law system to maximize the solve some existing problems, improve the use of parole, in revenge for justice, social prevention and the execution of economic balance and explore a closest to justice a road.