Origin, Examining And Weighing Of Parole System In Our Country And Its Perfecting

Parole system, which originated from Europe in the eighteenth century, is the product of the advancement of modern democracy and legal system. It is also the symbolic system of prison civilization .In china, as an important system of modification of execution of punishment, parole system plays an important role in promoting prisoners to plead guilty and observe the law, to repent and start anew and to return to society smoothly. Therefore, there is sill a lot of problems in legislation and practice of parole system. In this article, I try to begin with analyzing the origin, connotation, legal attribute, theoretic base of parole system; then, dissect deeply parole system and its present situation of applying in our country; finally, I will put forward individual opinions on how to perfect parole system in our country.From its origin, the purpose of parole system is to impel prisoners to abandon evil and do good, and to adapt society smoothly. It is in close touch with the theory of special prevention of punishment, the theory of educative punishment the theory of humanitarianism of punishment. Although Criminal Law, Criminal Procedural Law, Prison Law and related judicial interpretationsstipulate parole system definitely, there is still a lot of defects in legislation. At the same time, for the sake of traditional conception and enforcement system and mechanism, the rate of parole application is fairly low, in contrast with commutation. In this situation, many negative influences have been brought on surveillance and reformation business. To perfect parole system in our country, first, it should be scientifically oriented in theory; second, power to make parole decisions should be deployed reasonably in defining the power; third , we should anew design parole system legislatively through following measures: amending the substantial condition of parole ,revoking forbidden articles of regulating object of parole ,perfecting the mechanism of control and surveillance of paroled prisoners, shortening the probation period of parole, perfecting revoking condition of parole. By this, parole system in our country will become more scientific and reasonable, more fit for the actuality of our country, and play more active role in control and surveillance of prisoners.