The Research Of Prosecutorial Supervision Mechanism Of Commutation And Parole

Commutation and parole urge criminal to accept education and reformation by the psychology of getting free early of them, fully motivating the enthusiasm of the criminal, with the aid of the external pressure generated by the legal suitable conditions of commutation and parole. As an important part of penalty execution system, good operation of the commutation and parole system has a significant impact on not only saving judicial resources, but on helping criminals return to society as soon as possible, and on the realization of the penalty aims. But due to reasons such as incomplete system, supervision vacancy, "favoritism" in the practice of commutation and parole happens occasionally, which make this system into a means of " power-for-money deal," or the means of escaping criminal punishment,not only raising social public’s hard questions about the fairness of the commutation and parole system, but causing serious damage to the judicial authority. To make the commutation and parole system play its proper function, strengthening legal supervision so as to guarantee its healthy and effective operation is imperative. As the specialized legal supervision organ in our country, the people’s procuratorate’s power of legal supervision is authorized by the constitution, acting the most effective supervision on the commutation and parole activity, which is the core of the legal supervision of the commutation and parole.Prosecutorial supervision of commutation and parole is the embodiment of the prosecutorial supervision power in the commutation and parole activity. It is responsible for the healthy operation of the commutation and parole, and bears the intensified expectations to justice of the general public. Therefore, it’s of practical necessity to consummate the prosecutorial supervision mechanism of the commutation and parole. Since established, the prosecutorial supervision mechanism of the commutation and parole is in the process of improving all the time. With the constantly practice exploration, the acknowledge of the prosecutorial organs for the prosecutorial supervision of commutation and parole deepened constantly, and the supervision and responsibility became more clear, more in the scientific supervision way. But, after all, the mechanism of prosecutorial supervision of commutation and parole from scratch to perfect,and the development time is so short that there are still many problems remained to be perfect such as the lack of legal basis and law interoperability is not strong, the stage prosecutorial supervision function and the way of supervision are relatively single, the supervision means insufficient rigidity, etc. To solve the problem mentioned above is the key to further improve the prosecutorial supervision of commutation and parole mechanism.In this article the author try to discuss about the relevant basic theories of prosecutorial supervision of commutation and parole, analyze the specific problems existing in the legislation and judicial practice in our country, put forward the corresponding countermeasures aiming at the improvement of the system construction in order to give some help to the prosecutorial supervision of commutation and parole in our country. In particular, this paper will be discussed in four parts:Chapter one is the basic theory of the prosecutorial supervision of commutation and parole. Through the clarification of the prosecutorial supervision of commutation and parole to realize the commutation and parole prosecutorial supervision and the parties involved the main content of the subject and supervision and their characteristics were summarized; discuss the commutation and parole legal basis of prosecutorial supervision involving the penalty purpose theory, power balance theory, justice theory and principle of human rights protection; discuss how to improve the necessity of prosecutorial supervision of commutation and parole from two aspects: One is the inner demand of corruption prevention of commutation and parole and the other is to ensure the necessary security of system healthy operation. Through the above theoretical we make the basis for the following discussion.Chapter two is the study of mechanism running situation about the prosecutorial supervision of commutation and parole in our country. First according to the legal system of our country, we expound the specific procedures of the prosecutorial supervision of commutation and parole and find out the basic framework of the prosecutorial supervision of commutation and parole in our country; in combination with judicial practice case to analyze the current mode of the prosecutorial supervision of commutation and parole; through the specification of the research and practice of prosecutorial supervision mechanism of commutation and parole in our country we found that the system in the process of running not only lacked the necessary legal basis, but also existed problems about supervision becoming a mere formality, periodic supervision function and supervision and the lack of assurance measures of supervision. All problems mentioned above lead to the prosecutorial supervision can’t play a role effectively.Chapter three is the extraterritorial comparative study of legal supervision system of commutation and parole. The legal supervision mode of commutation and parole in France, Russia and the United States are introduced separately. Through comparative analysis we found that the process settings, the supervision mode and the system guarantee of the legal supervision and of commutation and parole all exist differences. On this way we can get beneficial enlightenment of the completeness for the prosecutorial supervision mechanism of commutation or parole in our country; design the debate of procedure more reasonable; solve the disadvantages of commutation and parole closed operation; the supervision of the whole intervention way to maximize the guarantee of supervision effectiveness; the play of supervision effectiveness depends on the rigid supervision and guarantee.Chapter four is the last part of the article, based on the judicial reality of China, putting forward specific suggestions of the prosecutorial supervision mechanism of commutation and parole.According to the above analysis of existing problems about the prosecutorial supervision of commutation and parole, the author put forward the corresponding perfect method with the reference of other country’s supervision mode, specifically by the way of improving the synchronization of commutation and parole supervision, realizing the request and trial phase of prosecutorial supervision, ensuring the full supervision, strengthening the prosecutorial supervision means, giving more power to the supervision and prosecutorial organs, improving the prosecutorial supervision system of commutation and parole including strengthening the construction of prosecutorial organ itself and establishing the rules that ensure the participation of criminal and the victim in the system.