Suggestions On The Improvement Of Parole System Of Our Country In The Background Of Penalty Reprieve

Parole, as an alternative sentence of imprisonment, should have found its broad way in penalty scope for its advantages including correcting effect to criminals, improvement of sentencing difference, low penalty cost, convenience for criminals to return to the normal society lives,accordance with the trend of penalty reprieve and so on. But the application rate of parole is severely low in our country since long time ago, which goes against the requirements of penalty reprieve and may have caused the aggravation of penalty in the execution of punishment in our country. In response to this situation, the paper focus on the analysis, in the background of penalty reprieve, of the outstanding problems existing in the application of parole in our country, and gives some relevant advices on the basis of analysis, hoping to do something good to the optimization of parole system and improvement of its application rate. The paper can be divided into four sections, introduction and conclusion excluded.The first part is an overview of the parole system, telling the origin of the parole system, three theoretical basis of parole system including personal risk theory, education penalty theory and synthetic penalty theory combined with retribution and utilitarianism, and the different functions of parole system to criminals, execution organs and society.Part two focuses on explaining the definition of penalty reprieve and its relationship with parole system. Penalty reprieve is a national penalty policy that aims to prevent crimes on the basis of effective control by means of slight penalty or non-penalty punishment of criminals in the whole process of the legislation, sentence and execution. Penalty reprieve, considered widely as an integral part of the criminal policy of temper justice with mercy in our country, is a dynamic practice process characterized with historicity and reality restriction. The paper emphasizes the need to implement the penalty reprieve policy in the execution of penalty in our country on the basis of the analysis of legislation, jurisdiction and execution reality, and point out that parole is one of the most important way to realize that goal.Part three reveals the severe low application rate of parole that goes against the requirements of penalty reprieve policy and points out the the reasons of low application rate which can concluded as follows:first, the error concept of penalty strike and criminal policy; second,the lack of judicial interpretation, the condition of "no dangerous to crime","can be considered for parole","the impact on the living community after patrol",and the ban of parole are not justified; third, the lack of the rate of patrol and the system of responsibility down to check, and security measures.Part four,on basis of the above analysis, the author come up with four suggestions:one, transfer the view of penalty; implementing the policy of harsh and light; two, amend the condition to application the patrol that is change the "no more dangerous to crime " to "little chance to crime";change the "may patrol" to "must patrol";third, establish mechanism of forecasts and parole hearings; four, pre-retirement benefit:sound of the Community...