On The Perfection Of Parole System In China

Recent years,the judicial departments of our country pay more and more attention to parole,and put forward the request to expand the proportion of parole.But in the concrete judicial practice,because of the influence of the traditional penalty concept,the complete set is not perfect and so on,it is difficult to make a substantial breakthrough in the parole ratio.As a front-line worker of penalty enforcement,the author tries to combine the reality of parole.Some suggestions on the problems existing in parole are put forward.In the first part of this paper,the concept of parole is introduced,and the main concepts of parole are analyzed,and the author's cognition of parole is put forward.Then it introduces the difference and relation between several concepts.At the same time,the function of parole is analyzed from the point of view of penalty execution,and the necessity and rationality of parole is explained by understanding the essence and function of parole.The second part of this paper analyzes the main problems existing in the current process of parole operation in China.By comparing the parole rates of different countries,different provinces and different regions of the same provinces,the paper intuitively shows the current situation of low parole application rate in China.It is pointed out that it is a prominent problem in the operation of parole system in our country that the applicable standard of parole system is not clear and the supporting measures are not perfect enough.Because of the existence of many kinds of problems,it is difficult to expand the parole system in the current environment of our country,the parole rate is always low,a large number of criminals who should be paroled can not get parole,which not only occupies a lot of judicial resources.It also brings heavy supervision pressure to penalty enforcement organs,and more importantly,it is not conducive to the real embodiment of penalty justice system.The third part of this paper,how to improve the parole system in China.This paper comments on the relevant theories of parole system in our country,explains the disadvantages of Parole Grace Theory,analyzes the Parole right Theory,and points out that this theory has pointed out the direction for the perfection of parole system in China.We should create positive and favorable conditions for the promotion of Parole right Theory in our country.The fourth part of this paper puts forward some immature opinions on how to perfect the parole system in our country.The first is to cancel the system of commutation of sentence,the proportional system of parole and the "extra-legal law",which limits the application of parole.Secondly,the author gives the author's opinion from three aspects of parole assessment mechanism,risk assessment of reoffending,property penalty execution system,which are three aspects to clarify the applicable standard of parole system.Third,accelerate the perfection of parole supporting system and solve the realistic factors restricting parole.Through the above three aspects to resolve all kinds of adverse factors affecting parole,so as to truly let the parole system play its due role,and reduce the sentence together to build a scientific and reasonable penalty execution system.