The Empirical Study On Commutation Andparole Of Serious Criminals

The purpose of this article is to meet the relevant requirements of the criminal policy and relevant laws and regulations of China’s leniency,such as the provisions of the Supreme People’s Court on the specific application of law in the case of commutation and parole cases([2016]23,the new regulations)and the meeting of the high academy in Jiangsu Province,and to the prison of the Jiangsu prison in Jiangsu province.With reference to the relevant empirical data of the criminal offenders,the problems existing in the specific judicial practice of the commutation and parole are discussed,and the causes are analyzed and the relevant suggestions are made.The article first summarizes the application of judicial interpretation on the commutation and parole of the criminal offenders in China(mainly the judicial interpretations that the Supreme People’s court has promulgated and implemented in recent years),and shows the relevant attitudes and suggestions on the system of commutation and parole in our country,that is,the prudent attitude and suggestion on the commutation and parole of the criminal offenders as soon as possible.The Ministry of justice has a reasonable structure and full details.Secondly,it summarizes the system of commutation and parole of our felonies.On the basis of the conditions of subtract,parole,the best report,the procedure,the reconsideration and the application of the revocation,the heavy sentence is basically consistent with the other criminals,and the difference lies in the sentence reduction,the leniency of the parole,the severity of the sentence,the starting time,the interval,the extent of the parole,the interval,and the extent of the sentence.Commending and limiting the situation of commutation and parole.Then taking the Z City prison in Jiangsu as an example,by using the method of empirical investigation,through the analysis of the general situation of the prison in Z City,the particularity of the remolding of the prisoners in custody and the related data of the work on the commutation and parole of the prison heavy prisoners in the city of Z in recent years,it has been found that there exists between the application of the penalty reduction and the parole in China and the requirements of the criminal policy of tempering the leniency with the leniency.The main points are as follows:(1)the number of commuting and parole is significantly lower than that in the past;(2)although the new judicial interpretation emphasizes the application of parole,the application of parole for the present stage of the criminal is still extremely low in quantity and proportion;(3)after the implementation of the new judicial interpretation,the court adjudication changes The number and proportion of prison reports have increased.Then,according to the application of commutation and parole in specific judicial practice,the causes of these problems are discussed.The main reasons are as follows: the main reasons for the fact that there are more "non commutable" criminals and the property judgment are the main reasons for the decrease in the number of the subtraction of the heavy punishments and the court ruling to change the opinions of the prisons.The main reason why criminal parole is still at a low level is the application of parole.Finally,on this basis,the redesign of the commutation and parole in the judicial practice of the criminal offenders in China can be redesigned.For example,the system of commutation and commutation can be added to the criminal offender with "no penalty can be reduced".And put forward relevant suggestions from the angle of better carrying out the criminal policy of tempering justice with mercy,such as the case of the application of parole for more than ten years of imprisonment,such as increasing the sentence of life imprisonment,and the author thinks that according to the performance of the criminal penalty execution,age,body condition and family economy after being released from prison.The "special parole" can be given to the situation and other factors.At the same time,the implementation standards of the performance of the property judgment items can be clearly defined,the scope of the labor remuneration between the sentence of the prisoners in custody is enlarged,and the property judgments are actively carried out so as to further strengthen the supervision and reform of the criminal offenders so that they can return to the society at an early date.Yes,return to the family.