With the maturity of the Inland system,the existing criminal punishment and parole system has emerged a solid system.There is a conflict between the substantive and procedural conditions of parole for foreign criminals,which leads to the deprivation of parole rights for foreign criminals to a large extent.However,the current criminal law does not specify whether foreign criminals are granted parole or not.This article will take the parole of criminals from Hong Kong,Macao and Taiwan as the research point to discuss the foreign parole system in China and the improvement measures.At present,there is a certain gap between China’s parole system and foreign parole system,whether in terms of parole conditions or parole time,which is more stringent.Moreover,due to the limitations of China’s existing one country,two systems system,the problem of parole for Hong Kong,Macao and Taiwan criminals is more difficult to deal with.Therefore,for criminals of Hong Kong,Macao and Taiwan,it is not only the slamming of the existing judicial system and the criminal human rights system,but also the follow-up political factors that need to be taken into account.Because of the special status of Hong Kong,Macao and Taiwan in our country,the judicial contradictions and conflicts caused by the legal differences under the "one country,two systems" system arrangement have become increasingly prominent,and they can not be dealt with directly according to the way of overseas criminals.In the early parole system,parole means a certain degree of amnesty.This is undoubtedly a kind of amnesty for good criminals in our country,but it is not clear whether our amnesty means the reverse tolerance of Hong Kong,Macao and Taiwan criminals.Simply from the parole system,we still have follow-up observation period for criminals on parole,but once this situation occurs among Hong Kong,Macao and Taiwan criminals,its follow-up work is difficult to implement,so the follow-up of Hong Kong,Macao and Taiwan criminals on parole is worth discussing.Based on the current situation of the application of parole for Hong Kong,Macao and Taiwan criminals in mainland,and starting from the basic theory of parole system,this paper expounds the general situation of the current parole system for criminals in mainland,Hong Kong,Macao and Taiwan,and on this basis,it analyses the conditions and problems of the application of parole system for Hong Kong,Macao and Taiwan criminals,and makes pertinent analysis.The improvement measures are put forward.On the basis of the current situation,we must renew the concept of applying the parole system to Hong Kong,Macao and Taiwan criminals,re-recognize its importance,and discuss how to improve the parole system of Hong Kong,Macao and Taiwan criminals in mainland from the perspective of maintaining the international image. |