Research On Operational Issues Parole Practices

Parole as an important system of non-imprisonment penalty, is the product ofsocialized, civilized execution. With remarkable value and vitality, parole hasattracted the widespread attention of the world. The positive function of the parolesystem is irreplaceable for offenders, penalty enforcement authorities and even thewhole society. In recent years, China has constantly strengthened legislation toimprove the parole system, the court in the country also gradually completemechanism the parole hearing in trial practice. But from the judicial practice, parolein China is still faced with many practical difficulties, which is affecting parole’sfunctions. Therefore, I take Qinzhou city’s parole cases as the main reference, to findout the problems, analyze the underlying causes, and expound the significance ofparole, and put forward suggestions and countermeasures to improve the parolesystem by investigating, analyzing these cases of Qinzhou City in the past five years.This article is mainly divided into three parts.The first part introduces the general situation of the parole system of our countryfrom the three aspects of legislation, theoretical research, and judicial practice. In theaspect of legislation, the current trends and the highlight of the parole legislation aremainly introduced. The theoretical research focuses on the debate about paroleessence, parole authority in the circles of criminal theory. Moreover, in the aspect ofjudicial practice, through the analysis of a large amount of data on parole, to show thecurrent practice operation of parole directly.The second part examines the realistic predicaments and the underlying reasonsbehind the parole practice. There are predicaments lie in the parole legislation, theparole recommendation, the parole hearing, community corrections and prosecutorialsupervision, which contribute to the current predicaments faced by the parole practicein China, while lack of relief procedures, severity in parole recommendation, beingundermanned, narrow scope of parole, loopholes in the supervision during theprobation period for parole, poor prosecutorial supervision are factors that affectparole functions well. And lack of top-level design for the parole system, short ofperception of the effect of parole and misconception about parole, dislocation ofreward and punishment mechanism, and lack of financial support are the causes of theparole predicaments.The third part is to discuss the significance of improving the parole system and countermeasures to improve it. This part discourses the importance of the parolesystem for offenders, prisons and the society based on my own trial experience andthe findings of this research, additionally, it puts forward measures as intensifying thepublicity of the parole policy, promoting the improvement of the legal system,expanding the scope, improving the regulatory information communicationmechanism, establishing and improving the procuratorial supervision mechanism, topromote the parole system and make parole work effectively.