The Problem And Improvement Of Commutation And Parole System In China

The commutation and parole play essential roles in the execution of penalty in China,and the actual effect of these two systems is related to the implementation of the human rights protection and the realization of penalty purpose.However,there are many problems in the system design and judicial practice of commutation and parole in China.At the legislative level,the laws and regulations are scattered and disorderly,the trial mode is lack of antagonism,the scoring system is still not perfect,and there is a lack of institutional design for revocation and commutation.At the judicial level,the most prominent problem is the trial formalization.In addition,there is too much commutation applied in practice and too little parole applied in practice,and the protection of the rights of criminals and victims is not in place.This paper thinks that,from the perspective of a specific mechanism,such as scoring system,procuratorial supervision mechanism,property judgment linkage mechanism,or draw lessons from the foreign handling modes in the procedure,it is hardly to solve the key problemthe trial formalization of cases related to commutation and parole.Therefore,under the guidance of "Theory of Rights" and restorative justice concept-the essence of commutation and parole,this paper constructs a kind of commutation and parole applied by criminals on the basis of substantive amendments to commutation and parole;the executing organ can record the whole process of a prisoner's rehabilitation and other evidence;the procuratorate can accuse a prisoner of any act in violation of laws and regulations during the period of serving his sentence;the court adopts the trial mode of standing in the middle and depriving the rights,thus realizing the confrontation between the prisoners and the procuratorate,enhancing the antagonism of case trial,improving the protection of the human rights of the criminal and the victim,giving consideration to fairness and efficiency.