A Study On Parole Procedures

Parole procedure is one important component of criminal modification procedures. If the setting of parole procedure can’t remain the nature of being rational and scientific to show the basic requirements of fair procedures, undoubtedly, it is hard to realize the premeditated functions of parole institutions. The startup, decision, implementation and response and other procedures and links of parole procedures consistently impenetrate the whole process of parole, involving four departments, namely the public security, procuratorate, court of justice and jurisdiction. In China, since there are congenital deficiencies in the setting of parole procedure, many problems in judicial practices emerge. For instance, the executing organs possess too much power, the procuratorial authority has weak monitoring tools, court proceedings go into formalism, the parties concerned have little right of participation and so on. The existence of the foresaid problems has result in a lot of injustice during the operation of parole, and brought negative impact on the supervision and administration work, undermined the healthy development of criminal execution work and done harm to the social stabilization and harmony. In view of this, the calls for the reform and development of parole procedure are more and more intense. The author holds that in order to complete parole procedure, firstly, the participation right shall be given to the parties concerned, legal rights and interests of the parties concerned shall be ensured; secondly, the rights of the executing organs shall be further regulated so that they must shoulder responsibilities when the rights are entitled to them, and the use of rights shall be under supervision; thirdly, special courts shall be set up in the court to be responsible for parole cases, trial is made through public hearing, so that the trial procedures are carried out openly and under-the-counrter operation can be prevented. Finally, the supervision made by the procuratorial organs shall pass through the whole parole procedure, so that parole procedure can be completed and exert more active role in supervision reconstruction in China.