On The Perfection Of The Procedure Of Commutation And Parole

The trial of commutation and parole is the last stage of criminal procedure,and it is also one of the contents of judicial reform in china.The difference between the two legal systems makes the domestic and foreign provisions on commutation and parole are very different,and there are many differences in the procedure of commutation and parole.Among them,China's commutation and parole is a written hearing and hearing system combining,commutation,parole hearing is an important part of judicial activities,is a kind of special criminal activities.After the introduction of the new judicial parole,commutation,parole hearing procedures more standardized,but there are still some problems to be solved.At present,China's academic circles and judicial practice advocates the trial mode and the consultative mode of justice can not achieve the goal of commutation and parole.In recent years,scholars in our country have studied the procedure of commutation and parole in many ways,found many problems,and put forward a variety of reform proposals.Through the investigation to the prison and related units,the commutation,parole hearing procedures have a further understanding of the realization of the commutation,parole hearing procedures exist deficiencies,with some personal opinion.The author believes that commutation,parole cases not only include the court's written review,as well as the court review,not the court's administrative examination and approval,but should be fully considered the evidence material.In short,safeguarding the interests of the parties and social stability is the purpose of any system and procedures must be followed.The different stages of the commutation and parole proceedings in cases should focus on different issues,China's current commutation and parole cases is mainly written hearing,that the law does not expressly trial unified written hearing,even hearing,are often a mere formality.In the course of the trial is only a simple review of the material is sufficient,whether to support commutation,parole,and the lack of evidence of the investigation and cross examination.The whole commutation,parole cases in the process of hearing the lack of supervision,including the punishment of the executive organ of supervision,supervision,and the supervision of court proceedings.The victim's right to know,right and the right of appeal or protest rights are not respected,lack of protection of the rights of the parties,etc.These are the current commutation,parole cases in the proceedings of the trial,the author believes that these issues are still worth exploring.The trial procedure of commutation and parole refers to the materials submitted by the prison organs to the intermediate people's court in accordance with the conditions of commutation and parole,and the court shall make a written examination or examination of the materials submitted.In the process of prison inmates supervision and assessment score is a prerequisite for commutation and parole,only prison inmates will meet the conditions of the material submitted to the people's court,the prisoners have a chance to get commutation or parole,therefore,supervision is very important to the stage.In the assessment phase of the prison,we should strengthen the supervision of the procuratorate to the prison,which is beneficial to protect the rights of the prisoners and to maintain the justice of the procedure.The court ruled that the audit stage,to avoid the court into administrative organs,to avoid the case of commutation and parole hearing as the administrative examination and approval work,in accordance with the written case can be written trial,to ensure fairness,the conditions can be trial case trial as soon as possible.In short,expanding the scope of the trial is more conducive to ensuring the fairness of justice,so that the whole process can be better monitored.The court in the course of the trial to increase the authenticity of the evidence considerations,review of the material provided by the prison is true,whether it can correctly reflect the prisoner's repentance indeed".In the process of commutation,parole cases in the process of the lack of protection of the rights of the victim,the victim's understanding is not included in the commutation,parole cases in the proceedings is unscientific.Paying attention to the psychology of the victims and paying attention to the opinions of the victims will help the criminals to better integrate into the society,help to ease the social contradictions,and contribute to the realization of the socialist country ruled by law.Finally,the procuratorate supervision can not be ignored,for parole supervision case should serve the end of personnel to the court to review the case from the assessment of prison commutation,the overall supervision of the whole process can make the power in the sun ",reduce the commutation and parole cases all favoritism phenomenon in the process of maintenance,safeguard the legal rights of the parties,authority.