The Rules Of Evidence Of Commutation And Parole

Procedure of commutation and parole is a special procedure in criminal procedure of execution,The change of penalty execution procedure. The execution of punishment procedure to carry out criminal punishment, repair damaged the social order, but also shoulder correction, remodeling criminals task, As the change of penalty execution commutation, parole, is an important measure of new incentive prisoners for good. Throughout China’s commutation and parole history, along with the criminal law amendment, the judicial interpretation of the supporting stage, around the judicial practice and actively explore, on the whole is a positive development, But can not be ignored is the lack of exposed in judicial practice problems at the commutation and parole evidence rules, It is worth exploring in the judicial practice thinking.This paper is divided into four parts, the first part is the introduction, to differences from the theory and practice of social phenomenon, the writing, the motivation and purpose of this. The second part is about the analysis of statistical data of commutation parole, a court between2010and2012the number of cases selected for commutation and parole, three years does not meet the conditions for commutation and parole, and decided to return the execution of punishment cases, commutation range change in quantity, scale, reason, resulting in thinking, Summarizedtheimprovement of commutation and parole evidence rule is to optimize the objective need of commutation and parole hearing the case, and only the strict evidence, the rules of evidence angle constraint participants in the proceedings, evidence admissible specification and proof to determine the size of the constraint, the discretion of the judge’s right to, in order to fundamentally ensure parole trial the program does not become a mere formality, current commutation. The third part expounds the connotation of China’s commutation and parole evidence rules, at the same time, from the inherent requirement of the evidence referee principle to identify the facts of the case, judicial supervision and restriction of law enforcement power of penalty execution needs, four aspects to prevent the judicial arbitrariness arbitrary requirements, realize the litigation efficiency focuses on the necessity of applying with the improvement of commutation and parole evidence rules. The fourth part focuses on how to establish and perfect our parole evidence rules. In view of the current our country parole lacks the corresponding rules of evidence, procedure, suggestions in the criminal trial evidence rule mode judging whether prisoners access to national criminal reward conditions of the facts are clear, the evidence is true enough. At the same time, according to the new situation encountered after the amendment of the criminal law in the judicial practice, From the burden of proof rules, rules, rules three aspects of the construction of the commutation and parole evidence rule framework, the commutation and parole shall comply with the principles of equity, the burden of proof in time, In the examination of evidence should be the establishment of exclusionary rule of best evidence rules, association rules, illegal evidence, In the certification from the doctrine of legal evidence, the principle of open reduction of the public questioned the unjust for commutation and parole, enhance the public credibility of the judiciary.