On Perfection Of Parole System In China

Parole is refers to the criminal in jail, prior to the expiration of the term ofimprisonment, because it was in line with the specific conditions allowed earlyrelease from prison system. Parole is short-term penalty of depriving freedom in theimplementation process in the practical application, is criminal positivetransformation, to repent and start anew to regain catalyst free., however, has notbeen executed the imprisonment of criminals of an early release, return to society,after all, has a high risk, how to prevent the parole officer again crime or preventcriminals malicious use has become particularly important.The parole system originated in Europe in the mid nineteenth Century, Americaafter the introduction of the parole system. In1994China’s "Prison Law" provisionsof the parole conditions and procedures. In1997,"criminal law" in a certain extentmodified parole objects, conditions and restrictions and other regulations, for thecurrent parole system to lay the foundation. In1997, the Supreme People’s Court onthe handling of commutation and parole case concrete application law issuesregulations,"provides a detailed provisions of parole. In2011by the criminal law ofthe people’s Republic of China Amendment (eight), and2012implementation of theSupreme People’s Court on the handling of commutation and parole case concreteapplication law issues regulations are of our parole system has been further improved.The analysis based on parole concept, nature, history, function and so on in,parole system from the perspective of comparative law, and the parole system, thestatus quo and problems in our country were analyzed, at last puts forward thescheme to improve the parole system in our country.In addition to the introduction and conclusion, this paper is divided into fourparts.The first part is the overview of parole system. First, an introduction of parole ofthe concept, nature, origin and development; secondly elaborated the system on thebasis of the theory of parole--personal danger theory, education punishment idea, thepurpose of punishment comprehensive view theory; finally, it analysis the function of the system of parole, parole system can incentive to reform criminals, to helpcriminals adapt and return to society, and extends the deterrent force of law, remedialsentencing differences.The second part is the comparative study of the parole system. First of AngloAmerican law system countries such as Britain and the United States parole systemare explained; secondly to the continental law system countries, such as France andGermany, parole system to carry on the explanation; again on China’s Hong Kongregion, the parole system are explained. Finally the Taiwan region of China’s parolesystem are explained.The third part is the present situation and problems of parole system in china.First elaborated our country criminal law provisions of parole system, mainlyreflected in parole object and condition; secondly, it discusses the "criminal lawamendment (eight)" measures to improve the system of parole is analysed. Finally,the our country current parole system existence of problem.The fourth part is the suggestions to improve the parole system in our country.According to our country parole system existing problem proposed to improve theprogram, mainly to expand the scope of application, the rational allocation of paroledraw right and improve the parole system of ownership and improve the paroleassessment system, a reasonable set of parole execution test period, improve thesupervision mechanism, improve the parole revocation mechanism.