Improving Processing To Control The Corruption In The Criminal Execution Changes

The alteration of sentence is a system created to give full play to the role of penalty and better serve the purpose of the penalty, the relevant State organs will upheld the penalty or sentence based on the legal facts occurred and statutes. There are three types of alteration in practice: commutation, parole and medical parole. This dissertation is based on the corruption phenomenon and the cause of formation of alteration in practic, combined with foreign advanced system and experience, this article pointed the possible way to construct this system in china.The first part is the changing of criminal execution performance of corrption. Various corruptions were found is those cases. Many unqualified offenders bribe public officials in order to release from jail by commutation or parole. Moreover, there is a persuasive culture of corruption among "the three criminals" (crime, financial crime, gangland crime), judicial officers get personal gains or promotion by making misrepresentation or false checking results which helps offenders obtain commutation, parole or medical parole.The unsolved corruption problems because of the Chinese legal system and cultural dimensions. On one hand, the enforcement organization has too much power and discretion in the decision-making process. Also the hearing is merely a process in the court, it is way too difficult to cure the defects. One the other hand, the value and ethic of judicial officials are biased. Most of the decision-making are not open to public which result the absence of external constraints.The third part is a study of criminal execution change procedures in advanced countries. This part analysis the program of foreign draw, review and comparison, the extraction of the advanced experience, to perfect the related system of our country provides reliable experience.The fourth part is about the theoretical foundations. To control the corruption of the procedure in alteration of execution, a certain legal concept should be followed, in which the core of the basic concepts include:Firstly the procedure should be regulated by law. secondly, concept of power balance. Thirdly, the procedure in alteration of execution must guarantee society’s right to know and supervision. Besides those, Implement effective concept. The procedure must be set to achieve substantive results, not a mere formality.The fifth part is about the perfection and suggestion of alteration in practice. First, improving the prison proposing process, preventing the false censor. In the proposing process, the score standards should be assessed public, given the right of application to party and given the right of request to the procuratorate. Secondly, improving the ruling program in order to regulatory the powers. Thirdly, implementation of procuratorial and supervision procedures, investigating the criminal responsibility of relevant person. On the one hand, ensuring the simultaneous supervision from the beginning, highlight the key points, detail the supervision contents; on the other hand, clearing the position of procuratorial in the trial, clearing the way of legal supervision. Finally, we need to promptly investigate the criminal responsibility of the relevant illegal personnel, increase the punishment to deterrent the real corruption.