Study On The Application Of Extended Parole

Parole system refers to the system in which a prisoner serving a sentence in a prison is allowed to be released early on condition that he meets the statutory conditions before the expiration of his sentence.Parole system embodies the concept of punishment execution socialization,the purpose is to let criminals through a buffer period in the process of returning to society from a closed prison,to avoid the failure to keep up with the social rhythm,to re-enact the crime without supervision,to make it gradually adapt to the changes of society,to return to society smoothly,and finally to reduce the social crime rate and recidivism rate.Parole system can play the role of general prevention and special prevention to crime,can effectively encourage the reform of criminals,reduce the pressure of prison supervision,help criminals to achieve re-socialization,can reduce the pressure of prison supervision and save the cost of execution.In order to maintain long-term social stability and achieve higher quality social governance,it is necessary to improve the system design and expand the application of parole according to law.Parole system originated in Ireland in the mid-19th century,was introduced by the United States after repeated exploration and improvement,its positive role continues to play,most of the countries with a high degree of rule of law in the West introduced to apply,many countries have a parole rate of more than 50%a year.China’s parole system originated in the late Qing Dynasty.With the development of modern rule of law,China is constantly exploring and perfecting the parole system to play its role in maintaining good social order.In our country,because the public still maintains the idea that the execution of punishment is the means of retribution crime,and the parole system itself has many imperfections,and the imperfect policies associated with it lead to the positive role of parole not fully played.At the same time in the process of expanding the application of parole,the judicial injustice of cadres caused adverse social impact.Parole will be strictly controlled by the judiciary,parole application rate gradually decreased,and there is an imbalance between regions.At present,in the judicial practice,the mode of change still maintains the situation of "commutation is the main,parole is auxiliary ",how to play the role of parole,expand the application system of parole has become a hot spot of scholars.On the basis of the analysis of the concept and purpose of parole,this paper combs the policy of parole system in our country and the change of national parole rate in the past ten years,summarizes the current situation of the low application rate of parole in our country,and then puts forward the dilemma of expanding the application of parole.Then,taking into account the good practice of countries with high parole application rate in the civil law system and European and American law system,this paper combs the advanced experience which can be used for reference and give full play to the advantages of parole system.Based on the author’s observation and thinking in the prison work,the author puts forward some suggestions on the revision of the parole system from the aspects of lifting the restriction of legal non-parole,establishing an effective re-crime evaluation system,revising the parole session system and refining the revocation system.