On The Problems And Perfection Of The Commutation And Parole System In China

The commutation and parole system are important contents of modern punishment system,which plays a unique function on encouraging criminals to start a completely new life,regulating the original sentence,starting with a clean slate to maintain regulatory order,reducing the negative impact,promoting the criminals to return to society smoothly and realizing the purpose of penalty to the maximum extent.Since 2011,the criminal legislation and relevant judicial interpretations of our country have made a great change in the system of commutation and parole according to the actual situation,making it more and more complete.But it can not be denied that there are still some problems in our current commutation and parole system,whether in legislative or judicial level,which are hindering their realization of their own value.Especially in the current mode of operation“mainly for commutation,secondary is parole”,and the low parole rate has been criticized by a lot of criticism.These problems have adverse effects on the criminals' s successful transformation and return to society as well as the function of the penalty execution system and the final realization of the penalty purpose.Therefore,the improvement of the system of commutation and parole has become one of the important contents and tasks of the current judicial reform.This paper based on our country's parole system of legislation and judicial status,combined with the advantages and disadvantages of commutation and parole system,to analyzed the problems and causes,and then put forward the commutation,parole system reform and its specific reform path which suit for criminals in China.This paper clarifies the basic theory of parole commutation,such as the concepts of commutation and parole system of commutation and parole system,the essence of commutation and parole system according to the function and theory,through the introduction and analysis of these contents,we can clear theoretical guidance of the commutation and parole system,lay the theoretical foundation of commutation and parole system reform.Besides,to introduce the legislative and judicial interpretation of commutation and parole,clarify the legislative status and existing problems of commutation and parole,the characteristics,problems and causes of the current judicial situation,so as to find out the facts for commutation and parole reform.Since the reform of commutation and parole system involves the transformation of majorsystems,we must clarify some basic problems before reform,such as the principles,prerequisites,goals and paths of reform.Finally,according to the conclusions which are based on the discussion of the basic problems of the reform,the reform of the system of commutation and parole should be carried out in judicature and legislation stages,so as to finally achieve the goal of reform.