On The Improvement And Perfection Of A Sentence Of Imprisonment In China

Criminal proceedings, include investigation procedures, prosecutionprocedures, trial procedures and enforcement procedures. However, all thecriminal proceedings research, no matter theory or practice pays more attentionto the rationality and impartiality of the investigation procedures, prosecutionprocedures and trial procedures, relatively less attention to the enforcementprocedures. As the last step of the criminal procedure, if the enforcementprocedure is lack of rationality and impartiality, it will not only violate thelegitimate rights and interests of execute, but also lead to the blemishingfunctionality of other process as a result of imperfection of the enforcementprocess.In the execution of imprisonment, with the changing of criminals' personaldangerousness, so do the execution of punishment, the use of penalties shouldnot only punish the criminals, but also educate and encourage them to be adifferent person. Therefore, many countries around world set relevant criminallaws-commutation and parole system to achieve that goal. At the same time, thesystem of commutation and parole is also an important punishment executionchange system. To use it correctly and effectively would play an important rolein promoting the inmates' change, to stabilize the order of prison and to realizethe function of punishment better. The scientific design and reasonableutilization of the commutation and parole system also is a crucial problem in thecriminal activity execution routine. Due to the imperfectness of legal norm, lotsof operational problems were met in justice practice, administrative executivechange procedure lead to the lack of rationality and impartiality of procedures ofcommutation and parole, and these problems hinder the realization of thefunction of the commutation and parole system. From the perspective of boththeory and practice, this paper analyzes the deficiencies with respect tolegislation and the prominent problems concerning practical execution ofcommutation and parole system, and proposes the ways to improve the systemsof legislation and justice in the field of vision of the criminal policy of the coordination of benevolence and stringency.