Study On The Procedure Of Parole

Parole program is an important part of the penalty enforcement alteringprocedures. Parole program is perfect or not, is not only related to the parole systemcan effectively run, more related to the criminal enforcement procedures in the lastpart of the criminal procedure, the judicial justice whether can through to the end,procedural justice can be reflected significant problems. In our country, the paroleprogram degree of perfection is not high, which is the main reason, also causes ourcountry parole system operation, and frequent illegal behavior. Therefore, completeour country’s parole program, to advance our country’s criminal procedure and theconstruction is very important meaning. In view of this, this article to parole programfor the research topics, the article is divided into four chapters. The first chapter firstanalysis of the nature of the parole, including the recognition of the essence of theparole and the nature of the right to parole defined; And then summarizes thetheoretical basis of parole system, including the education theory and the theory ofpersonal risk punishment; At last, analyzed the connotation of parole programlegitimation. The second chapter of western law the developed countries of the parolea comparative study on the program, this paper introduces the relevant countries onparole program the provisions of laws and the specific operation norm. In the thirdchapter, the paper summarizes the provisions of the legislation on parole program,introduction of judicial practice on the basis of the specific operation, this paperanalyzes the present existing problems on parole program. The fourth chapter is in theanalysis of the existing problems in parole program, based on the lessons from theuseful experience of abroad, and puts forward the corresponding improvement plan.Currently, our country parole legislation entity provisions increasinglystandardize and rationalize, but the legislation of parole program relatively inbackward embarrassing position."Criminal procedural law" the legal provisions onparole program comparison principle, do not have practical progress, and someconcrete operating provisions referring to many a legal document, regulation is notcomprehensive, the provisions there are conflicts between the problems such as theserious influence on the execution of the program. Therefore, in my view, from thepoint of view of system, it is very necessary to build a complete set of parole programstandard to revise relevant law. If a program, the criminal rights should be payattention to, the procuratorial organs of the supervisory authority should bestrengthened, and the court trial to should be improved, community correction to theparole investigation organ there supervision procedure should be defined in thelegislation.