The Difficulties And Countermeasures Of The Parole System In China

As the altered system of criminal punishment,the parole plays an important role in promoting the criminal reform,helping criminals to socialize smoothly,and alleviating prison's pressure.Expanding the application of parole is in line with the modern concept of punishment.However,the application of parole is too low compared with commutation penalty in China,and has not fully exerted its value functions.Although the criminal legislation and judicial interpretation of the parole system in China have been greatly revised in recent years,the anti-corruption,accountability and traditional punishment have been greatly improved.Due to the influence of factors and the other factors,there are still many problems in the application of the parole.The pattern of execution in China's "the system of taking commutation as the core and parole to complement" has not changed.In order to change the status quo of the low rate of parole and make the function of the parole effective,the author starts from the reality,takes the problem as the orientation,analyzes the problems existing in the parole,and to solve the problem.Further propose countermeasures to improve the parole.This paper attempts to establish the basis of the application status of the parole in China,analyze and compare the application of parole and commutation in China and the application of parole inside and outside the domain,and then put forward the application rate of parole in China is too low,and this situation should be changed to exert a powerful system function of parole.In order to improve the parole system,it is necessary to clarify the defects in the application of parole.Therefore,the author analyzes the problems of parole from both the substantive law and the procedure law.On the physical side,the applicable conditions of parole are too strict,the substantive conditions are lacking of operability,the restrictions on the applicable objects are strict,and no individual consideration is taken;the type of parole is simplistic,only discretion and parole,there is no statutory parole;the linkage mechanism between property judgment and parole is insufficient in examining the criminal's objective performance ability,and the payment channel is not smooth;insufficient participation of social forces in community correction,community correction agencies have no enforcement power,and in addition,there is no prohibition order for parole.In terms of procedures,the procedure of parole is submitted to the administrative system and the subject is single;the procedure is formalized,and the trial is lacking in confrontation;there are problems in the pre-,post-,and post-supervision of the procuratorate.China's parole system was introduced from outside the country in the late Qing Dynasty,and the parole system of extraterritorial parole has developed for several hundred years,and its experience of parole system has reference significance.Therefore,after analyzing the applicable dilemma of parole,the author uses the comparative analysis method to introduce the extraterritorial parole system from both the entity and the program,and compares it with the parole system in China,in order to get some inspiration.After learning from the experience of the extraterritorial system,the author puts forward some suggestions for the improvement of the parole system in China.On the entity side,the author suggests to appropriately expand the object of parole application,clearly define the substantive conditions for the application of parole,and provide standards for operation;add statutory parole and implement a binary parole system;it is clear how to determine the objective performance ability of criminals,smooth payment channels;empower community correctional authorities,guide social forces to participate in community corrections,and increase the prohibition order for parole.In terms of procedures,it is recommended that criminals and procuratorates become the main body of parole and change the administrative tendency of the petition process;establish a confrontational trial mode to avoid the process of the proceedings;it is recommended to realize the simultaneous supervision of the procuratorate.