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

Posted on:2020-06-17Degree:MasterType:Thesis
Country:ChinaCandidate:S H YuanFull Text:PDF
GTID:2416330575492594Subject:Law
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The parole system is an important penalty execution system that encourages criminals to rehabilitate and maintain social stability.This paper adopts the practice survey in K City of H Province to find the problems and reasons.Emphasis is placed on the application of the old and new parole regulations in practice,and there are still some areas for improvement in terms of entities and procedures.Taking an interview with the staff and telephone interviews,summoning the criminals,interviewing the offenders' families,reading the criminal files and integrating the data,an objective analysis of the practice of the parole cases in China,and from the procedures and contents of the parole system,Make recommendations separately.The content of this article is divided into four parts:The first part is the introduction,providing an overview of the parole system.The first is to introduce the content of the parole system and the background of the topic selection;the second is to introduce the practical significance of the parole system in improving China's criminal legal system and judicial practice;the third is to explain the application status of the parole system in developed countries and China;the forth is to introduce the method of field research to study the problems and strategies in the parole system.The second part analyzes the current situation of the practice of parole system in K City of H Province.First,the phenomenon of “three lows and two highs” is obvious in the application of parole;the second is that the restrictions on the practice of parole are too strict.By searching the official website of the Ministry of Justice,the application of parole in recent years is compared vertically.The conclusion is that the application of parole in China is not optimistic.And the application of commutation in China is much higher than the parole,and there are structural imbalances.The third is that the discretionary standards in the application of parole are too strict.The third part is the analysis of the reasons and problems of the implementation of parole system.Firstly,the proportion of parole,residual punishment,rejection rate and revocation mechanism are too strict.Second,the application of parole system is not clear,resulting in the low rate of parole application.Thirdly,prisoners lack reconsideration mechanism after parole request,and lack litigation participation in the process of parole revocation.Fourth,the court procuratorate has fewer people and more cases,which affects the supervision of parole and the quality of trial.Fifth,the parole discretion standard and evidence standard are not standardized enough.The fourth part is to put forward suggestions to improve the parole system in practice.One is to revoke the restrictive conditions of parole system and improve the application rate of parole.The second is to clarify the applicable conditions of parole system and promote the standardization of parole.Third,establish and improve the parole request review mechanism and the withdrawal of the litigation mechanism.The four is to promote the release of parole procedures Internet +,alleviate the contradiction between human and case.Fifthly,the standard of parole discretion and evidence should be standardized.
Keywords/Search Tags:parole, parole revocation, reconsideration mechanism, litigation mechanism, Remote court session
PDF Full Text Request
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