On Perfection Of Parole System In China

Parole refers to the system when there is true repentance and no danger of re-offending for criminals who are sentenced in prison,they can be released conditionally early after a certain sentence,if there is no statutory revocation in the probation period,then the original penalty will be considered finished.In modern legal states,the parole system plays an important role in encouraging criminals and promoting them return to society early,and it is one of the important signs to measure the reformation of criminals.In the history of new China,it has been 70 years since the parole system first executed in revolutionary base area.Although in different periods the law and the judicial interpretation were carried out to modify and improve the parole system,but because of the historical and realistic conditions,there is a significant gap between the applicable rate of parole and the reduction of sentence in judicial practice.The pattern of "taking commutation as the main and parole as the subsidiary" remains dominant.Tecution pattern goes against our criminal law which emphasizes the exhe purpose of criminals' repentance and no danger of re-offending,and it do not conform to the penalty idea of economization and humanization.Expanding the parole system is in line with the requirements ofsocialization and individualization.However,in China,even community correction system is gradually perfecting,there still less applicable number of parole than that of commutation.This directly leads to that the parole can't act effectively in correction criminals' performance.At present,in our legislative and judicial practice,there existing flaws mainly in the applicable conditions,procedures,proceedings,execution of sentence,supervision mechanism revocation conditions of the parole system.These defects lead the parole system to a great difference in local execution,small scope of application and low application rate in the our judicial practice.The parole system plays a very important role in our judicial practice,and it is the inevitable result of the development of the rule of law.Combined with the application situation of national parole system,this paper uses the parole system of other countries in legislation and judicial practice for reference,and then give suggestions to perfect the legislation and judicial application of our country parole system.There are many restricting factors in improving the parole system,and perfecting the parole system needs a long time and there are many steps.So the parole system is discussed by stages,which is judicial perfection and legislative perfection.The first stage is to adapt to the actual situation of the current judicial reform.In this stage,we should implement the criminal policy of combining punishment with leniency,gradually increase the rate of paroleapplication,and restrict the rate of commutation application.At the same time,the supporting system should be improved to ensure the parole system work smoothly after expanding the application,preparing for perfecting the legislation.The second stage is legislative reform when the judicial reform is finished,there are the basic conditions for legislative reform,and the factors which block the parole system perfection is eliminated.After the legislation reform,the parole system will occupy the dominant position in the altered system of criminal punishment,to realize the execution pattern of "taking parole as the main and commutation as the subsidiary".Then the parole system will really play a positive role in executing punishment,solving the existing problems in judicial practice,focusing on the maintenance of justice efficiency,and promoting the development of a harmonious society...