Procuratorial Organs Of Commutation And Parole Supeivision Condition Survey Report

Procuratorial organs are legal organs responsible for supervision of commutation and release on parole in China; with the mission to maintain the judicial equity, they fulfill the legal supervisory function over commutation and release on parole. Procuratorial organs’ supervision for commutation and release on parole should be comprehensively, timely and effectively conducted; namely, the cases should be comprehensively supervised, found in time and effectively dealt with. However, how are procuratorial organs involved in procedures of commutation and release on parole? How effective is their supervision? Are there any problems that need to be corrected during their supervision? With these questions, I carry out a detailed survey on supervision for commutation and release on parole conducted by procuratorial organs in A city, S province; I hope that some problems can be found through this survey so to provide feasible suggestions for their supervision, and thus to better regulate the executive procedures of commutation and release on parole. Based on this survey, I find that current situation regarding procuratorial organs’ supervision for commutation and release on parole is not optimistic, and problems existed are as follows:(1) Insufficient participation; the necessity of supervision for executive procedures of commutation and release on parole isn’t fully considered in practices, leading to that procuratorial organs are unable to do follow-up or participate during the stages of assessment and proposal of the prison and trial of the court;(2) Powerless supervision; in practice operation, advisory paper for commutation and release on parole or notice to rectify illegal act issued by procuratorial organs are often ignored by the prison or the court, thus procuratorial powers of these organs exist in name only; meanwhile, the situation in which procuratorial powers are replaced by executive power of the prison also exists in concrete implementation of commutation and release on parole;(3) Problems regarding procuratorial organs’ insufficient input into and inadequate attention on supervision for commutation and release on parole are also existed. By collecting a large number of documents and conducting interviews, I’ve summarized some suggestions and countermeasures for problems mentioned above; starting with the three aspects of legal provision, supervisory mechanism and procuratorial organs themselves, these suggestions and countermeasures are expected to play certain roles in improving the current situation of prosecutorial supervision.The whole paper is divided into 5 parts; in the 1st part, brief description about the survey is presented, including time, place, ways and methods of the survey; part 2 is about the basic situation regarding supervision for commutation and release on parole conducted by procuratorial organs in this city, including their methods, procedures and effectiveness of supervision; part 3 gives the problems I found during my survey in A city; for convenient discussion, the problems are classified and divided into three stages, including the assessment, proposal and trial of commutation and release on parole; in part 4, for the problems existed in supervision for commutation and release on parole conducted by procuratorial organs in A city, causes for these problems are analyzed from the three aspects of legal provision, supervisory mechanism and procuratorial organs themselves; part 5 is about my improving suggestions aiming at the above-mentioned causes. Due to my lacking of practical experience, it’s inevitable that some of my suggestions may be not feasible enough or be too theoretical, and I hope that the deficiencies existed can get criticized and improved.