On The Perfection Of Parole Reporting System

Parole is an important system of the execution of punishment,which has been going on for more than 200 years.In judicial practice,parole has become an important part of the world penalty system,which plays a huge role in incentive of criminals,maintain the stability of prisons,save social capital,and promoting criminals returning to society."The amendment to the criminal law of the People’s Republic of China(nine)"(hereinafter referred to as "the amendment of criminal law(nine)")was promulgated and implemented in 2015.The Supreme People’s Court issued "the provisions on the specific application of law in the handling of commutation and parole cases"(hereinafter referred to as "Regulations")in 2016.It further improved the legal system of the execution of punishment,which unified the country’s commutation,parole case handling concept,the referee scale and law enforcement standards.China’s parole system is constantly improving by the amendment of the criminal law amendment and the adjustment of the relevant judicial interpretation.Today,the old law enforcement basis has been abolished and the new law enforcement standards are being explored,there are still many outstanding problems need to be solved.In this paper,we research on the problems found in the judicial practice of parole system on the basis of the case of parole and a large number of data,through the use of inductive analysis and horizontal comparison method.We found the biggest dilemma of the parole is that commutation squeezed the space of parole.Based on various factors,it is difficult to carry out the work of the parole.At last,with the practice of the new law,we put forward some suggestions to improve the parole system in China.The full text is divided into four parts:The first part mainly introduces the value of parole system.Including the concept of parole,the value of penalty execution system,the superior function of parole system,the way to reported the parole cases in Fujian judicial practice process.Through the introduction and comparison of concepts,it can be found that parole is a penalty execution alteration system which combines punishment,reform and supervision.It is of great value in practical application.The second part is the analysis of the current predicament of parole application,One of the most prominent problem is that the rate of parole application is so low.Through the analysis of judicial cases,the author believes that The reasons for this situation laid at parole reporting.The attribution mainly includes the law of parole is too vague and lack of stability,which lead to the general recognition of parole is low In practice.This phenomenon of low empathy is concentrated in the parole reporting stage,Judicial organs and criminals avoid the risk of parole by reducing their parole submission.The third part is the analysis forward relevant provisions of parole reporting in and out of China.Including the execution of parole conditions,assessment of recidivism risk and parole decision authority.Drawing lessons from the experience of parole work at home or abroad,it is of positive significance to grasp the propriety of parole reporting system in mainland china.The details of parole reporting system should be adjusted appropriately in light of China’s national conditions in legislation and practice.The fourth part is the proposal to improve the parole system,combined with the difficulties of parole system in China and the experience of judicial practice.Including legislative perfections,system improvements and other recommendations.At first,changing the misunderstanding of the parole system by legislators and judicial officials,parole is a system of execution change that can be used and used well.Second,by adjusting the law,a balanced penalty execution change system should be established,in order to Found the difference between commutation and parole in the reporting process and results.At last,Perfecting the setting of parole system.Through these measures,so that the prisoners are willing to apply for parole,the penalty organs are dare to submit parole,and improving the applicability of parole system in china.