On Defects And Perfection Of Parole System In China

Parole system refers to the legal state organs according to law, to abide by the provisions of the prison and other regulators, conscientiously accept labor reform of criminals, after the implementation of statutory sentence on the conditional release of an institution。Parole system originates from Australia, after a series of transmission, in the late qing dynasty was introduced into our country, and explicitly stipulated in the "big who"。After the founding of new China, parole got continuous development and improvement。In the modern country under the rule of law, free parole was granted the criminal law of a right, the right to actively accept education reformation can be stimulated, and can cause the criminal anew to adapt to the society, therefore, parole is the role of "bridge"。In addition, the parole also has enough to alleviate the pressure of the prison regulation, saving the cost of the judicial functions。Parole system established in our country, after a series of development and perfection, is of great significance to our country’s legislation and judicial practice。But, in the legislation and judicial practice, parole apply rate is lower, the reason of parole system has some defects and deficiencies。Parole system of our country in the legislation and judicial practice there are suitable conditions, the start the way, parole ownership, sentence execution, supervision mechanism, cancellation conditions in seven aspects such as defects and deficiencies, the defect and deficiency of parole system in the judicial practice in our country has used in narrow regional disparity, the applicable scope, the characteristics of the low rate of parole。The applicable condition deficiency of parole system in China mainly embodied in the legislation will only life imprisonment and prison as object of suitable mitigation, parole legislation applicable conditions of sentence is too long, the essence of parole conditions provisions shall be applicable to a wide, parole prohibitive conditions provisions shall be applicable to the strict; Lack of parole startup mode is mainly manifested in starting the main body of a single, only that regulators as a parole start of China’s criminal law main body; Parole in the flaws of the ownership system:the main body in regulations only court ruled as a parole, any other organs and individuals cannot as the main ruling on parole; Parole in sentencing the deficiencies in China’s lack of scientific and reasonable evaluation system of parole; Perform test of parole period stipulated in legislation in our country too absolute; The parolee during test supervision and regulation of China’s criminal law is too broad, lack of maneuverability, the judicial practice, supervision and become a mere formality; For parole revocation regulations of China’s criminal law is also too loose, caused the criminal has been revoked on parole, to be put in prison。Parole system is the rule of law,which is the inevitable result of social development, but different countries due to political, economic and cultural differences, countries on parole legislation regulations and judicial practice of application is also different。Therefore, based on the reference to the parole system, abroad is of great significance to perfect parole system of our country。...