Research On The Judicial Application Of Parole System In China

Since the revision of laws in the late Qing Dynasty,the parole system in our country has gone through more than one hundred years.It has made great progress in institutional construction and theoretical research.However,as time goes on,the external environment and internal theories with respect to parole are constantly changing,and research on parole will continue.The judicial application of the parole system is the external manifestation of the system.It is an important form that people can intuitively experience the system.And it is also an important entry point for the system.First,determine the concept of parole,review the development of parole,and define the nature of parole.Determine the boundaries of parole to avoid logical confusion in subsequent studies.To sort out the entities and procedures of the existing parole system in China as the basis for follow-up research.Analyze the function of parole system on penalty purpose?criminal?prison to achieve the realistic purpose that parole judicial application should achieve.Secondly,through data collection,we compare the application rate of parole in China with the application rate of commutation in China,the application rate of parole in China and the rate of parole application in foreign countries,and the parole application rate in various provinces and cities in China.It is concluded that the application rate of parole in our country is low and unbalance in each area.By observing the procedure of parole,we find many problems exist,including unitary subject,unscientific standards,the court procedure lacks defense,the judge is not professional,etc.By observing the effect of parole,we find there is a low recidivism rate on parole,shorter parole remaining term,etc.Finally,we must improve the judicial application of our parole system.Through the establishment of a reasonable parole-reduction system and perfect parole support system,the application rate of parole in China will be improved.Through the improvement of the subject,the establishment of scientific standards,the reconstruction of a reasonable trial procedure,the construction of a professional trial team,the establishment of scientific trial standards,the establishment of a full-scale supervision mechanism,and the optimization of the supervision team,we will improve the applicable procedures of our parole system.The effectiveness of the parole system will be guaranteed by continuing to maintain a low rate of parole recidivism,increasing the remaining prison sentence for parole,and perfecting the accountability mechanism.