Research On The Trial Procedure Of Commutation And Parole Cases

The commutation parole is the change procedure in the penalty execution,which directly affects the period of criminal penalty execution and the early or late return to society.The trial procedure of commutation and parole is an important part of the national criminal judicial procedure,which is related to the realization of judicial justice,judicial authority and judicial credibility.Due to China ’s criminal law and criminal procedure law on commutation and parole cases of trial procedure provisions of carelessness,commutation and parole cases long-term use of application for approval of the administrative examination and approval mechanism,the trial process mysterious,written and formal,lost the criminal trial process should be open,trial and substantive.The administrative approval procedure of commutation and parole has nearly lost the value of substantive justice through procedural justice,and the role of procedural checks has seriously failed,resulting in commutation and parole becoming the know-how and back door of “ rich people ” and “ entitled people ” to evade punishment and erode justice.The commutation and parole procedures should be strictly regulated,it was be pointed by the report of the Third Plenary Session of the Eighteenth Central Committee of the Communist Party of China.In order to strictly regulate the trial procedure of commutation and parole,the Party Central Committee and the highest judicial organ have successively promulgated a series of judicial documents such as“ Provisions on the trial procedure of commutation and parole cases ” to comprehensively deepen the reform of the trial procedure of commutation and parole.The main purpose of the reform is to reform the written trial,strengthen the hearing in court,construct the publicity system,strengthen publicity,clarify the procedure of the trial,realize the substantilization of the trial,reverse the phenomenon of property judgment empty judgment,and curb the habit of enjoying the criminal results.The reform of commutation parole procedure highlights the determination and confidence of the central government to maintain judicial justice and authority,and the results are worthy of recognition.However,the frequent occurrence of “ Sun Xiaoguo Case ”and“ Guo Wensi Case ”reflects the necessity of further research and improvement in the reform of commutation parole trial procedure.The problems in the trial procedure of commutation and parole are as follows : the scope of open trial cases is small,the responsibilities of the trial subjects are unclear,the burden of proof is unknown,the operation mechanism of the trial is not smooth,and the protection of the rights of criminals is not strong.This paper is divided into four parts to study the process of commutation of parole.The first part is the background and significance of the study on the procedure of commutation of sentence and parole.The second part is the basic theory of the trial procedure in commutation and parole cases.This paper discusses the historical origin of the system of commutation and parole in China,analyzes the value of the procedure in commutation and parole cases,ensures justice and prevents judicial corruption,and ensures the lawful rights and interests of criminals,victims and the public’s right to know.The third part analyzes the current situation and problems of the parole commutation procedure.This paper analyzes the problems of low trial rate,weak evidence proof,unclear function of trial subject and poor rationality of decision document,and further delves into the form and substance of trial procedure in commutation of parole case.The fourth part of the summary from the commutation of parole cases from the various stages of the trial process to find the root cause of the problem and to solve it,which will help to carry out the principle of culpability,form a reversal mechanism,improve the commutation of parole cases procedures;This relates to the protection of the lawful rights and interests of criminals,victims and the public,the construction of judicial credibility and authority,and,more importantly,the progress and development of the rule of law in China.