On The Legal Regulation Of Commutation And Parole Of Duty Crime

The duty crime mainly refers to master certain management and disposal of public property, personnel relation and other powerful national cadres or staff engaged in public service according to law, breach of privilege dereliction of duty, violating the public interests of high level, high intelligent crime, its essence is the abuse of power,money.As a special type of crime,the crime is a serious form of corruption,it is not only a serious violation of the management function of state organs, disrupt the normal working order, more important is it will seriously affect the credibility of the government, the ruling party has immeasurable harm. Therefore, since ancient times, anti-corruption is an eternal theme. China is a socialist country, the country's political, economic, judicial and other management functions are achieved through the duties of state institutions and civil servants, which will involve the use of power, and once you lose power supervision is bound to produce corruption,so we should build a power transparent and firm "cage",the state institutions, state organ personnel of various functions of official activities are exposed to the sun, from all aspects of supervision. Fundamentally curb and reduce crime,increase the intensity of punishment at the same time focus on prevention. At present,China is in the period of social transformation, the implementation of economic "soft landing", the social contradictions are more excited, the crime problem is especially prominent, showing multiple, frequent gang crime, concealment, the wide, which not only undermine social order, hinder economic development, damage the legal authority and endanger the social stability and unity of corrupt good social atmosphere, more important is to hinder the construction process of the rule of law China. Legal norms are recognized with general applicability, clearly defined social norms, strict logic and the force of the state to ensure the development of national society, only in accordance with the law to manage various behaviors of individuals and groups to have rules, can we build a harmonious society. Therefore,the rule of law can and should become the cornerstone and guarantee of the harmonious development of society. It is far from enough to punish the crime of taking advantage of duty only. It is very difficult to achieve a good effect by the criminal law. So, we want to change the former view,must be combined with the implementation of the penalty for the crime of criminal execution,weaknesses, multi pronged approach, in order to make the current rule of law in the criminal law of the crime continues to move forward.China's commutation and parole system is designed to encourage inmates to repent and will not harm society established in prison, is a sure reward system to performance of prisoners, but also hope that more inmates to be able to get the reward for the target of the reform. This will not only enable inmates to turn back and return to the community,but also to save the judicial resources. However, this incentive system has some defects,which become some particular crimes inmates escape a "shortcut" penalty,causing a bad influence in the society, sparked public doubts about the change of penalty execution system, undermines our judicial image more damage to the authority of the law.Therefore, this article will start from the theory to analyze the legal basis for obtaining the commutation and parole. Based on the comparison of the rate of commutation and parole in Fujian area, the paper analyzes the reasons for the lack of supervision and regulation of the prison inmates. Finally,combined with the analysis,the author puts forward some measures to perfect the system of supervision and regulation of the commutation and parole system of the prisoners of duty crimes.Crimes inmates because of its special line, relative to other types of inmates have more social resources and information, more easy to use and are more likely to take advantage of loopholes in the system, so for crimes inmates commutation and parole system must be legal regulation, avoid shortcuts parole this reward system become some people escape the penalty commutation...