The Survey Research Of Parole System

Parole, as a form of penalty, is widely adopted in almost every country in the world. It has a unique meaning in helping transform the criminal, maintaining the supervision order and creating a harmonic society. From the comprehensive perspective of penalty goals, parole is an appropriate and reasonable system that can only achieve the purpose of special prevention but also does not violate the retribution principle and the purpose of general prevention. It can be said that retribution, special prevention, general prevention are integrated together very well in the parole system. Parole system embodiments for the 3 different penalty goals of retribution, special prevention, general prevention are a form of special prevention with considerations for general prevention that is based on fair retribution. Parole system in our country has gone through ten-plus times revisions in the past 30 years. However, the system itself and the judicial application remains to have many problems and loopholes.This article is divided into 4 sections besides the introduction and conclusion sections.Section 1 analyzes the current situation of parole system in our country. Unlike other articles which start the discussion on the origin and development of parole system, we think it is not necessary to repeat such discussions since the source of parole system has been well analyzed and summarized by many other peer and professors. It begins directly with discussion on the core topic, which is the analysis on the problems and loopholes in current parole system in our country. Specifically, it analyzes four problems in the legislation aspect: Indefiniteness of material condition.Insufficient regulations about revocation.Inappropriate regulations about the ban.Missing legislation on the juvenile criminal parole.The indefiniteness of material condition in many regulations has led to the difficult deployment of the law for judicial departments in practice. Although the increase of regulations about the revocation improves the parole revocation system, it imposes more demanding requirements to the parolee. And the newly added regulations does not distinguish between absolute excuses and possible excuses for parole revocation and sometimes fail to revoke the parole. This added regulation about parole revocation does not have the hierarchical structure, transitivity, flexibility that most law regulations should have. The ban does not help the criminals to return to the society which is against the principle of such restorative law which emphasizes harmony. The lack of regulations about juvenile criminals has led the negligence of juvenile criminals in parole system. This article combines theory with on-site investigations to analyze the emerging problems and loopholes that exist in current parole system in our country.Section 2 analyzes the current judicial situation of the parole system in our country. Our long-term on-site research and investigations clearly reveals the drawbacks and problems that exist in the judicial enforcement process of parole system. It reveals four specific problems that are present in judicial practice due to the insufficient guidance from the legislation.The separation of functions of trial institution from other parts of the judicial process.Missing supervision after the parolee has been released.The problems facing the parolee.Confused application of parole and reduced penalty.The separation of functions of trial institution from other parts of the judicial process places the parole trial into a passive position. The lack of supervision after the parolee has been released leads to unsupervised management for most parolees who have obtained their parole release. Lack of means for parolee to return to the society normally is an urgent problem that is faced by most parolees in our country. The confused application of parole and reduced penalty has caused great damage to the hierarchical structure of criminal punishments. This article analyzes the drawbacks and problems that exist in the judicial enforcement process of the parole system in our country from the perspectives of both management personnels and parolee.Sections 3 presents some possible improvements on the parole system in our country. To solve the problems in parole system completely, legislation improvements have to be done first. Only after the legislation has improved, more guidance can be offered to the judicial departments. This section answers the four questions mentioned in the previous section with a list of concrete legislation suggestions. Clarify and itemize the judicial criteria which can provide specific guidance to the judicial departmentsAdd a list of absolute excuses and possible excuses for parole revocation to the existing regulations regarding parole revocation. This creates a hierarchical structure and allows some flexibility in the parole revocation regulations.Remove the regulations regarding ban. Adopt the point system in the prison on the parolees which fills the missing standards for repeated criminals and violence criminals. Borrowed from the parole systems in other country, design reasonably lenient parole system for juvenile criminals. The legislation should be applied appropriately to solve the conflicts between legislation and practice. The case where some local court uses some internal regulations to circumvent the adoption of parole system should be avoided as much as possible.Section 4 suggests a newer architecture for judicial enforcement in parole system. The reform on the trial institution are not as easy as just setting up a parole committee and a community reform institution. Considering the situation in our country, any systematic reform would inevitably bring a lot of shocks. The consequences brought by such shocks are hard to predict. The goal of this section is to help refine the structures of the trial institution, supervision department for parolees, enforcement institution with the premise of not damaging current law system. The inspection of parolee before release, parole trial and parolee supervision after release are integral parts that interact with each part in the parole system. The performance of the prisoner should determine whether the prisoner is eligible for a parole. The study performance of the prisoner can tell how well can he return to the society normally. The reform performance of the prisoner can predict whether the prisoner will commit another crime after he is on parole. It can be concluded that the inspection of parolee before release, parole trial and parolee supervision after release are integral parts of the parole system and are consistent with each other. A new type of community reform institution can be formed out of the three existing management institutions: local trial courts, local police institutions and prison management institution. The parole inspectors can be transferred from the basic trial courts and the part time parole management officers can be transferred from the prison department. The comprehensive community reform institution can be established by the local police department and its affiliated community. The prisoner has to be inspected by prison management officers, professional court supervision officers and police department with restraining power before he can obtain the parole release. In the newly added parole hearing, the police department bases the opinions from the affiliated community, the victims of the prisoner, professional law practitioners and normal persons to determine whether the prisoner is eligible for the parole. After the parolee has been released from prison, the community reform institution that is set up by the police department with restraining power should check the performance of the parolee regularly. The professional parole management officers, parole trial officers, management officers that look after the released parolee, inspection before parole, parole hearing help reshape the passive paperworks inspection stage into a proactively positive trial process.This article discusses several feasible ways of solving the real world problems in parole system instead of just glossing over the theory without the considerations to reality. Most opinions and sentences expressed in this article are obtained through on-site investigations or other research means. Although no substantial amount of data can be obtained to further convince the readers, it helps clarify the current situation. We hope that this article can contribute to the novel opinions and overall improvements in future parole system revision and the judicial enforcement process.