Parole Applicable Research

As non custodial criminal execution way Parole has a lot of advantages thanimprisonment. However China parole system has not been very good use, so this papermainly studies the related problems of parole applicability in China. Although the" PRCCriminal Law Amendment (eight)" change related terms about parole, but Parole applicationproblems mainly based on97criminal law. Therefore, Parole application in this article is onthe basis of97criminal law, at the same time discussed the relevant content of parole in "amendment (eight)", the purpose is to find the change about parole legislation idea throughthe contrast between old and new sections, in order to get better application in China.The article besides introduction and conclusion, is divided into four parts:The first part, introduces and discusses the theoretical basis of parole applicability inChina, as well as the effect that theoretical basis to China’s parole application. China’s paroleapplication theory is actually the same theory which parole application adopts international,they are the personal danger theory, the purpose of penalty comprehensive theory, educationaltheory. The essence of these three theories is to discuss the determinant of the occurrence ofcrime and the purpose of the execution of punishment. Early personal danger theory too muchemphasis on gene on crime determinants, appears to be one-sided and subjective. The latemature personal danger theory advocated that the crime was determined by physiological、natural environment、social environment. The penalty comprehensive purpose theory based onpersonal danger theory, put forward further that the purpose of penalty is retribution、generalprevention、special prevention. Education punishment theory is the theoretical basis of parolesystem, that the purpose of penalty is education, correction, so that criminals eventually getsocial regression.The second part, introduce and analysis explains the conditions of parole usingcomparative way. Mainly discuss from the kinds of punishment、 parole condition、essentialcondition and prohibit conditions." Amendment (eight)" changed the terms about sentencecondition、 essential condition、negative conditions of parole applicability, parole executionduration of life imprisonment is extended to thirteen years,the substantive conditions of" without harm to the society " is changed to" no crime risk", exclusion of crime are reducedand become more clear," community" concept first be introduced into parole applicable law.The third part, introduce a new way for the parole test--community correction."Amendment (eight)" regulated that implement community correction to the criminal duringthe probation period. Community correction is a bright spot on parole system in "Amendment(eight)", it changed the parolee test mode, worth author earnestly study. After the introductionon the community correction, the author continues to explore three kinds of situations that thetest ended abnormal, to ensure the coherence.The fourth part, introduce problems about parole application, analyzes causes of theproblem and put forward measures to improve. The main problems of Parole application arelow application rate、supervision and inspection work not in place, lack of care and protectionfor parole criminal. In general the causes of these problems are the technique defects of ideaand legislative. After analyzing the reason, aiming at the problem of parole, the author givesthe solutions respectively.