Sino-US Parole System Comparison Research And Enlightenment

As a penalty execution transformation system, the parole system has beenadopted worldwide, and it’s been functioning in China for more than sixty years. Ithas played positive roles in promoting the reforming of convicts, and beingcost-effective in executing penalties. However, as the development of society and thechange of the objective environment, the defect of the system is also exposedobviously, which severely influences its better functioning. Embody in several thefollowing aspect concretely. Overall suitable for use rate releasing on parole is toolow, area imbalance suitable for use, procedure operation do not standardize, thecondition and standard suitable for use do not unite. There exist above-mentionedphenomenon cause in analysis, lie in mainly: The character cognition to theconditional release is unclear, the conditional release becomes one kind of the thing"not daring handle "", being able to not handle "", be unwilling to handle " and"handle not much", leads to suitable for use rate low; Conditional release systemlegal rules is not perfect, kind is excessively unitary, range is too narrow, lay stresson conditional release system peculiar position in being in Carrying out thepunishment, also affect applying to the conditional release; Be short of perfectsupporting mechanism, if not having the special parole organ, the pattern hearing thatis unreasonable, the parolee tests expecting inner inspection, flattening, helpingmechanism not to improve and perfect and so on, this is also a low parole suitable foruse rate cause. Lead to our country parole suitable for use rate stay over a long periodof time on2%’s low level, be lower than30%’s high developed country proportionover.All the countries in the world legislation has adopt parole system broadly, hasreflected be interdependent containing of human being nature and the humanity, areembodiment ruling society by law. USA is the developed country representative, haveperfect parole system, having detailed all-round legislation regulation in the field ofthe type releasing on parole, condition, programming suitable for use, supervisioninspecting and rescinding and so on, comparing with Chinese parole system especiallyrule by law-rization and personalize, have a lot of place being worth drawing lessons.While using external law for reference, the reality basing self on our country, thedefect being aimed at our country parole system have submitted perfect suggestion.Character allocation the primo must make a conditional release clear as needing tocomply with the change being in progress on thought, The secondary must perfect thelegislation norm, can comply with the applicability expanding, intensify comparingwith reduce the penalty sentence by a little aspect harmonizing, increasing the type releasing on parole, thin melt essence condition start; Comply with the norm being inprogress on procedure finally, suggest setting up special parole organization, changethe pattern hearing that in the past in written form, lead into can of certificateprocedure and, the supervision function strengthening a procuratorial organ, cancelsmaking from duty, reinforce the relevance job that the community corrects, to perfectsupervision mechanism. By the fact that the series perfects measure, apply to parolesystem courageously according to law, conditional release of our country system fixesthe awkward situation being able to step off now, stimulates a reform of criminalswith regard to, prevents from committing a crime again, the occupation driving acriminal to adapt to society as early as possible, exploring to earn a living, thesignificance relieving family difficulty, having the important effect sum.