| As a penalty to change the system, commutation, parole system in the criminal legalsystem in China plays an important role. Commutation of the sentence includes a lessersentence and changing the criminal kinds. China’s alleged parole a parole criminals the paroleeligibility means that the criminals early release, was released on parole does not violate therelevant provisions of the remainder of his sentence will no longer be implemented.Commutation of sentence and parole applicable conditions, objects, and the results differ. Thecommutation of sentence, parole is a state power rather than the rights of offenders;commutation of sentence, parole is the right to an execution rather than jurisdiction;commutation, parole adjudication jurisdiction rather than the executive power. Commutationof sentence, parole function is from the three perspectives of the criminals, correctionalinstitutions, and social, to be reflected. Procedural justice, crime, adapts the penalty individualas well as criminal economy is the theoretical basis of the commutation and parole system.Commutation of sentence, the parole system has experienced start-up period before1979,and stereotypes after a period of1979-1997, with the promulgation of the1997Criminal Law,the commutation of the sentence, the parole system has achieved a more mature development.China has developed a commutation, parole substantive law and procedural law, protection ofthe commutation, the smooth development of the parole program. China’s commutation ofsentence, the shortcomings of the parole system is not set Parole courtroom; lack ofcommutation of sentence revoked system; court cases a mere formality; lack of personalityinventory system; victims of commutation and parole procedures, lack of effectiveparticipation; procurator organs commutation and parole procedures supervision unfavorable.Therefore, starting from the commutation and parole procedures and supporting institutionbuilding to improve China’s commutation and parole system. |
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