An Empirical Study On The Application Of Commutation And Parole To Severely Penalized Offenders

Commutation in felons has always been an important matter both at home and abroad,as well as parole.At the same time,they have become widespread attentions between the judiciary.Meanwhile,they have been endowed with focused concerns in the judiciary,academia and the media after the Amendment VIII to the Criminal Law of the People’s Republic of China and “First Standard ” were published and carried out.There is no need to deny that felons have the great harm to the society.Moreover,there is no reason that commutation and parole relate to the safety of family,society and country,relate to the implementation of state policies,laws and regulations,relate to the humanized management and the protection of the lawful rights and interests of citizens such as the issues of human rights,which is the problem of the reality we must face that often comes out in the process of the scientific development of our country.In recent years,the courts have handled many commutation and parole cases which play a significant role.But it exposed many problems during the process of commutation and parole in felons.At the same time,the issues of commutation and parole relate to fairness and efficiency,relate to the proper execution of the penalty,relate to judicature justice and the majesty of the law.If we want to improve the system of commutation and parole in China,we need to solve the problems from the two aspects which are procedures themselves of commutation and parole and the supporting institution building.This thesis researches commutation and parole procesures in felons from the following four chapters.The first chapter analyzes the basis on the selection of the essay,research methodology,the definitions of the commutaiton and parole,the main differences between the nature and theoretical basis both at home and aborad.The second chapter analyzes the overall implementation of felons’ commutation and parole of H Prison in Hei Longjiang Province.This part reseaches the application of commucation and parole cases of the H Prison in Hei Longjiang Province from the year of 2009 to 2013,uses documentary research,survey,the empirical analysis and combined with the use of SPSS11.0(Statistic Package for Social Science)to entry the database,analyze statistical data and process the database.Select H Prison in Hei Longjiang Province 2009-2013 commucation and parole case object of research,analyzing the present situations and problems that exist in the process of implementation and proposing specific issues of commutation and parole in felons.The third chapter analyzes the reasons that the issues of commutation and parole in felons show.Anylyze the reasons from evaluation system,track-down system and execution idea.The fourth chapter takes the cases of H Prison in Hei Longjiang Province to study and puts forward corresponding countermeasures and suggestions on the improvement of commutation and parole procesures in felons.