Research Of Parole Case Procuratorial Supervision Concept And Due Process

Parole system is an important penalty execution phase change execution measures. This system is to accord with qualification of the parole prisoners in custody conditional release, to allow their return to society before from the premise, pleaded guilty to encourage them, only really repentant, serious reform. Parole system is not only accord with humanitarian thoughts of tempering justice with mercy, and saves the judicial cost, embody the characteristics of the austerity of criminal law, also can have the effect of special prevention of criminal. For prisoners in custody on parole are bound to change the execution of the judgment of the court to make, for the realization of the purpose of criminal law have a major impact.Parole case is directly related to implementation of the national judicial power and the execution power, procuratorial organs should bear the parole cases for the procuratorial supervision duties. Parole case procuratorial supervision is an important part of the parole system in ensuring public power criminal legal operation, safeguarding legitimate rights and interests plays an irreplaceable role. Parole in the case, the procuratorial organ of procuratorial supervision shall be the legal rights of the parties, at the same time, it should be a monument is the execution organ and the judicial power is at rest.This article is divided into four parts. The first part, by Zhang Hai parole violations and flight during the test period, reveal the procuratorial supervision and parole cases in China, ruled in parole request, the problems existing in the enforcement procedure; The second part, from the perspective of legal theory, in this paper, the parole system definition and connotation of procuratorial supervision, parole case analysis on parole procuratorial supervision and the theoretical basis of case, the procuratorial supervision and parole cases in China, summarized the content, way and legal characteristics of finishing; The third part, according to the subordinate to the law is different, the Anglo-American law system represented by Britain and the United States,continental law system represented by France and Japan, summed up the legal system of typicalcountries on parole and prosecutorial system, parole and outside of the procuratorial system development brings to the procuratorial supervision of China’s parole case enlightenment; The fourth part, in view of the problem of parole in the case of procuratorial supervision in our country,combining with the experiences of other countries practice, from the aspects of parole case request or order, execution, put forward the improvement of the targeted Suggestions, in order to help in parole case of procuratorial supervision.