The Investigation Report Of The Procedure Of Commutation And Parole

Despite repeated prohibitions, the phenomenon of false contributions commutation does exist in recent years, which is followed by the sighs of the public for the commutation and parole system and the question of judicial fairness and openness. Commutation and parole system is beneficial to educate, persuade and then save the criminals. The system is applicable for all the countries in the world for its superiority and development trend of socialize and civilized execution. However, why do the public sigh on the superior system? The reason is that the procedure is still not adequate. Based on this, the file “The supreme people’s court on the trial procedures for commutation or parole” enacted on April 10, 2014 makes clear specifically in aspects of requested authorities for commutation and parole, duration of publication and trial, and the range of participant during judicial procedure, etc., thus to assure the fair trial in procedure. However, of course, the law alone is not enough. Though the basic framework of procedure is set up, more time is still needed to make the system defined and ascertained in practice. Hence, in the form of research report, this thesis focuses on the operation of procedures of submission, trial and supervision of supervising departments for commutation and parole under the investigation of operation condition for commutation and parole cases in the First Intermediate People’s Court in C municipality. This thesis makes an objective summary and analysis on application circumstances of the commutation and parole procedure after talking with the staff, sending questionnaires and integrating the case data, and then makes some suggestions to improve the trial procedure of commutation and parole, which is hoped to help the improvement of judicial procedure and judicial fairness in our country.There are four parts in this thesis.The first part is the introduction. As beginning, this part introduces the thesis’ s topic background and research significance firstly, the procedural rules of commutation and parole in our country are not perfect, and there are bugs in the judicial practice. Improve the procedures does not only ensure the value of commutation and parole, but also maintain the judicial referee fair meaning. Secondly, combed the research status for “commutation and parole trial procedure” by domestic scholars, it is concluded that the practical study is less than the theoretical study. Finally, the author introduces the research ideas and the source of the material, laid the foundation for the thesis completely.The second part expounds operation situation of commutation and parole procedures and main methods in the C Municipal First Intermediate People’s Court. The author emphasis on three aspects to do the empirical research: refer criminals’ stage, trial stage and supervise stage. The author has made a questionnaire for the request right in the stage of submitting, it is concluded that the respondents are much more inclined to the main part of submitting by the criminals themselves. In the trial stage, the author conducts the research in the aspects of the trial way of the commutation and parole, the scope of the participants, the trial period, as well as for enforcement agencies request and the court rejected situation. Based on the survey data, we can get the following four conclusions. First, the number of the written trial is greater than that of court hearing. Second, the criminals and victims cannot take part in the trial process. Third, the one month trial period improves the trial efficiency. Forth, for the requisition by the enforcement organization, the court all agrees. In the stage of the supervision, the author made a research about whether the prosecutors put forward supervision suggestions for commutation and parole. It is concluded that 2012-2015, the prosecutors never put forward any suggestions.The third part, the author summarized the problem of the commutation and parole procedures from the First Intermediate People’s Court in C municipality and then analyzed the reason of these problems. First of all, it is concluded according to the survey data that in the stage of refer criminal, enforcement agencies abuse of power, right of request is controversial. In the stage of the trial, they pay much more attention to commuted sentence than to parole and written trial is still the main way in the court. Second, participants range is still not clear; the right of all participants is needed to be assured. Third, the trial period makes it difficult to fairness as well as efficiency. Fourth, the court can’t really carry out their power, dismiss the request rate is very low. We need to take much consideration about the cause in practical procedure, which can be summarized as follows: the retribution concept deeply, lack of the guarantee of rights, the program rules are not completely, and the fragility of procurator supervision power.The fourth part is suggestions and ideas to improve the commutation and parole procedures in our country. The aim of detection and analysis of the problems in commutation and parole procedures is to solve these problems, and thus to improve the application of law in juridical proactive constantly. Therefore, the author puts forward her opinions for commutation and parole procedures after combination the survey data from practice sector with the theory and practice point of view on this issue: first, highlight the rights guarantee, make every participant maintain their own rights actively. Second, improve the procedure of commutation and parole. It can be divided into the follows in detail: improve legislation, make clear the legal rules application, and solve the problems of vagueness of law. The implementation of the judicial operation can curb the abuse of administrative power. Set up dedicated commutation and parole trial court and then make balance to efficiency and fairness. At last, the author put up suggestions to prevent their fragile supervision by strengthen the supervision so as to be beneficial for the perfection of commutation and parole procedures in China.