A Study On The Application Of Commutation And Parole System In China

Commutation and parole work is the core of prison penalty execution,it is an important measure to implement the penalty change,embodies the criminal policy of temper justice with mercy,to encourage criminals to actively transform and promote criminals to return to society,is of great significance.With the socio-economic situation and the social structure of the change into the prisoners of prisoners of the situation is also changing,the prison is facing increased prisoners,changing the structure of the prisoners,complex and other complex challenges.At the same time,the Criminal Law Amendment(9)promulgated in 2015 has a great impact on the implementation of the existing criminal law.After that,the Supreme People's Court issued a relevant judicial interpretation in 2016,that is,the Supreme People's Court on September 19,2016 Through the "Supreme People's Court on the commutation of sentences,parole cases specific application of the provisions of the law",the impact of the implementation of criminal law more detailed.In this new situation,we have to objectively see the commutation parole system is not perfect,combined with the prison prison job profile,commutation parole in the implementation process does have some problems.And how to find out these problems and find a solution to the feasibility is that we need to study the direction.In this paper,the author discusses the above problems in the context of the commutation and parole work in N prison.N prison is a prison where the prisoners are more complicated.The prison's execution is both comprehensive and characteristic.Reflecting some of the problems faced by commutation and parole work in judicial practice.This paper is divided into four chapters:The first chapter is an overview of the commutation and parole system.First,the concept of commutation and parole system and the exposition of history are found.In the process of combing and elaborating these concepts,the intrinsic value of commutation and parole system is found.The logical starting point of the discussion,to confirm McNeill created by the progressive system is the origin of commutation and parole system.After the combination of China's legal history,argumentation in our country commutation and parole system in ancient times did not appear in the new democratic revolution,with the late Qing Dynasty law enforcement,these two important system was gradually on the stage of history.At the same time,it demonstrates the value of the commutation and parole system,and recognizes that their value function has two aspects.We are pursuing the social value and the positive effect of the system.The second chapter introduces the relevant legal provisions of the current commutation and parole in China,as well as N prison commutation,parole,China's commutation and parole system of the relevant laws and regulations in the criminal law and judicial interpretation,while the Ministry of Justice and the provinces The city's prison administration will also introduce legal documents that will guide the implementation of commutation and parole.These laws and regulations,departmental regulations,local government regulations and internal documents of prisons together constitute the existing legal system for commutation and parole.And then stated that the commutation of parole from the draw to the decision of the process,commutation and parole work from the prisoners in charge of the prison to start until the people's court under the jurisdiction of the verdict,and then return to prison to execute the judgment,during which the prison,Procuratorate are involved in which,with the provisions of the work process.Combined with the basic situation of the prison prison cases of N prison to show the implementation of the current practice of the implementation of the judicial practice,N prison a prison area is a comprehensive detention area,the more comprehensive situation,can be a small study of commutation and parole cases of judicial status,Combined with research data to analyze the problems and the causes of the problem.In the third chapter,the author analyzes the problems and reasons of commutation and parole.Based on the data obtained from N prison research,the relevant materials and the present situation of commutation and parole cases,the existing problems are as follows:Is the punishment mechanism of commutation is not perfect;Third,the implementation of supporting system;Fourth,the parole case"judicial approval";Fifth,the case of the lack of participation;It seems that the reasons for these deficiencies can be summarized as the lack of research on the theory of criminal law,the legislation of commutation and parole system still needs to be improved,and the supervision authority is too formalized.In the fourth chapter,the author explores the perfection of the existing system of commutation of parole.Through the study of commutation and parole system,the perfection of these two systems is divided into two aspects.The first is to improve the theoretical research,the theory is to guide the principles of legislation and justice,it should improve the implementation of the theory of punishment system,to follow the policy of temper justice and the situation,to comply with procedural justice and substantive justice and strengthen the principle of human rights in the law.On the other hand,to improve the relevant legal system,based on a prison prison in N prison more research,and found more problems,mainly to discuss the legal system for the prison to improve.To improve the application rate of parole,to improve the commutation system,the establishment of a special commutation of parole trial institutions and the parties should be commutation and parole procedures participants.