The Improvement Of The Commutation And Parole Procedure In The Background Of Judicial Publicity

Commutation and parole is gradually established with characteristic of penalty execution system in the long-term practice of criminal reform in China. Commutation and parole system in our country, through long-term practice and continuous improvement, has played a very important role in punishment execution. However, there are shortcomings in current commutation and parole system. These defects, making sentence parole as operation in the "black box", become a great barrier to judicial opening and fairness.The first part provides the nature function and power properties of commutation and parole. Commutation plays a positive role in guiding, stabling the supervision order in prison and plays a regulatory role to the original judgment; Parole not only have the functions of the above, but also can improve the self-discipline consciousness and ability of the criminal, from jail to the transition of the society. Sentence parole is not only the power of the country for executing criminal punishments, but also the right of the criminals during the reform. On power attribution, commutation parole right in judicial is essentially a category of judicial judgment, therefore, should belong to the jurisdiction.The second part deals with generation and development of commutation and parole. During the development process of the commutation system, there are good system, not punishment, progressive place meet regularly, parole and other forms of system of execution. The parole system in the practice of the world, is influenced by the purpose of socialism and subjectivism.The third part of commutation and parole application presents situation and existing defects. According to our current law, the penalty enforcement authorities are suggesting authorities, and any other organization or individual has no right to request. The trial is mainly materials checking and the hearing procedure is relatively simple lacking of effective supervision. Under this program, the rights of the criminal and the victim can not get guaranteed. Although such kind of trials, machine-made written judgment and the simple procedure can improve the judicial efficiency, lead to the loss of judicial authority in the aspect of substantial influence of justice. There is difficulty in supervision and lack of effective methods and may cause judicial corruption.The fourth part presents the thinking of perfecting sentence parole procedures. To improve the program, to build participating commuted parole request procedures is necessary and give the criminals some rights. To build open and transparent process, increase the proportion of trial, perfect the "hearing procedure, safeguard the criminal and the victim and the participation of lawyers are necessary. We should increase the transparency of the judgment, improve the quality of documents, and widen the scope of the documents online. We should improve and reform the synchronization supervision system and strengthen the communication to build open sentence parole conduction system.