The Investigation Report On The Trail Of Commutation And Parole Cases

Commutation and parole, which are two significant components of the penalty system in China, are the reflections of the temper justice with mercy policy in the criminal common procedure. The current implementation of these two ways mainly based commutation, using parole as supplementary. The commutation system is the penalty enforcement system with Chinese characteristics. Since the implementation of this system for many years, to a certain extent, it encourages positive transformation of criminals thought, which lead to behavior consistent with social norms, so as to achieve rehabilitation and return to a normal social life.Therefore reach the purpose of punishment and prevention along as the promotion of a harmonious society and its stable development.Commutation and parole, which are two significant components of the court’s judicial activities, act as extensions on execution of punishment in the criminal common procedure. It is a special case of criminal activity, which is different from the ordinary criminal cases, in order to change the sentences, it directly related to the ultimate goal of criminal punishment and education.This paper is divided into four parts, the first part: Based on the author’s work of the commutation and parole trials between 2012-2014, summarizes the characteristics and changes in the field after the newly issued judicial interpretation, concluded the development tendency and the legal basis of the cases.Part II: Based on the basic theory of commutation and parole, simply reviewed the he origin and development of the system. Carried on the summary and analysis on commutation parole procedure, found suitable ways for China’s penalty execution system.Part III: Concluded the issues currently found in procedural and common aspects of the commutation and parole cases, identified the causes of the issues above.Part IV: Through the analysis of the foreign experiences on commutation and parole, put forward feasible suggestions to these problems, improve the commutation and parole trial mechanism and make reasonable system advice and legislative advice.