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Research On The Application Of Parole

Posted on:2016-04-01Degree:MasterType:Thesis
Country:ChinaCandidate:S H DengFull Text:PDF
GTID:2296330482954970Subject:Law
Abstract/Summary:PDF Full Text Request
Parole system as a kind of penalty system changes began in the mid nineteenth century in Ireland, along with the continuous development and improvement of the parole system, now it has developed into a a penalty execution system generally adopted by countries all over the world. With encouraging the prisoners to consciously accept education and reform, to turn over a new leaf, conditional early return to society, and played a positive role in the regulation of execution of punishment and reform of criminals.However, compared to the parole system using more advanced countries, China’s parole system whether in legislation or in practice, there is a large gap, mainly in this said, parole system legislation is not perfect, discussed the content is not deep enough, applicable object limit, operation cumbersome procedures, supervision and inspection mechanism to become a mere formality and. The existence of these problems has led to the low rate of parole in our country, the situation is awkward, so that the positive role of the penalty can not be better.Therefore, the improvement of the system of the punishment in the implementation of the penalty, the proportion of the education reform of our country will play a greater role in promoting. The current situation of our country in the implementation of the penalty for heavy commutation of light parole. Effective combination should pay attention to the commutation and parole, parole system and the commutation system in the application interface supporting, application of the common, in order to repentance, transformation of the performance, after the parole not to threaten social inmates to create early return to society, family and early reunion "grace", enhance the transformation driving force, the parole system, procedural justice, crime adapt, individualization of criminal law and economy law theoretical basis to adapt.Parole system as a kind of penalty system changes, began in the mid nineteenth century Ireland, along with the continuous development and improvement of the parole system, now has developed into a a penalty execution system generally adopted by countries all over the world. With encouraging the prisoners to consciously accept education and reform, to turn over a new leaf, conditional early return to society, and played a positive role in the regulation of execution of punishment and reform of criminals.However, compared to the parole system using more advanced countries, China’s parole system whether in legislation or in practice, there is a large gap, mainly: the parole system in this paper mainly from the following several aspects are discussed:The first part, investigation and analysis of a prison in Jilin province in recent years, the parole rate is low, resulting in low reform of criminals, the parole system in our country has not played its due role, the system of parole in the application of a series of problems. The old concept of the impact of the severe punishment on people first, cannot accept parole offenders through early return to society the idea. Secondly, it is not clear that the applicable conditions and conditions of parole are not clear. Again, the parole problem exists in the program, including program have blind spots, lack of specialized agencies to examination and supervision of offenders on parole, the court in writing material, can not really grasp the parolee is guilty repentance, parole after will do harm to the society, ignore the victim link and hearing become a mere formality. Finally, the community correction system is not perfect, resulting in the post supervision mechanism of the parole is not able to play properly. The existence of these weaknesses is related to the law enforcement is strict, the impact of the justice and the justice of the law.The second part, the suggestion of perfecting the application of the parole system. First judicial organs to correct understanding of the nature of parole, and the reasonable and effective use of them change conservative judicial system of execution of punishment idea, from legislation and law enforcement level to establish a conducive to the effective mechanism of criminal reform, enrich parole types, improve the application of parole, to explore with Chinese characteristics of the parole system.The third part is to improve the supervision mechanism of the parole. Community correction is a concrete manifestation of the criminal individualization and socialization, concrete implementation of the state respects and safeguards human rights in the penalty area, but also test the judiciary reform and education results in the last line of defense. Our country has made great achievements in community correction, but also exposed some problems. This part puts forward how to start from the advanced experience of foreign countries, combined with the current situation of our country to improve the community correction work. Establish a scientific community correction mode, in order to do a good job of helping the education and the consolidation of the results of the parole after the parole.The fourth part is to increase the proportion of juvenile offenders and female offenders in the application of parole. In recent years, the growth of juvenile crime and the number of female crime, we have to pay attention to. But due to the particularity of the prisoners and prisoners minor, I hope to explore a different penalty application way of prisoners, namely in the juvenile delinquents in parole policy appropriate proportion of tilt. To encourage such vulnerable groups to repent and start anew, to re return to the family and society.
Keywords/Search Tags:Perfect Parole, Community Correction, Juvenile Offenders Parole, Female Offenders Parole
PDF Full Text Request
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