Research On Our Country's Parole Hearing System

Parole ,refers to the period after the implementation of the statutory offenders meet certain conditions, to a system of their early release, it is important to the implementation phase of the system of criminal proceedings, one of criminals in prison for encouraging a positive transformation, a smooth return to society, maintaining social stability and of great significance. However, our existing legislation, for the criminals how to apply the provisions of parole program is very crude and rudimentary, parole court cases, often used in writing, coupled with the lack of monitoring system, resulting in the offender can not be in this process better protection of their rights, while breeding a number of corruption. At present, the academic program specifically for the perfect work for parole are rare, and more are scattered among a variety of papers, but also many problems in this regard as a criminal entity were the focus of law, procedural law scholars paid little attention. From abroad, the study situation, Europe and the United States and Japan for the more perfect the provisions of the program, the study of advanced foreign legislative experience will help improve China's system of parole hearing. Therefore, this article referring to foreign legislation, combined with their actual situation, this issue was discussed in detail. In addition to the introduction, this article is divided into three parts , more than 30000 words.This first part of the parole hearing on China's system of issues arising from the elaborate, first, according to China's legislature Analysis of existing problems, mainly from the case to the applicable conditions of parole, filed agencies, court proceedings, monitoring procedures and the withdrawal of several problems in program be discussed. And then with China's judicial practice, the parole hearing cases arising in our practice, a range of issues are discussed. Finally, the legislative and judicial practice, the reasons for these problems conducted in-depth analysis.This paper demonstrates the second part of the first parole hearing system in perfecting China's need for such a constant in today's emphasis on procedural fairness of the social and historical background to improve China's parole hearing system is a safeguard human rights and justice, as well as the need to curb judicial corruption, while With the parole complementary measures (community corrections organizations) the gradual establishment of economic degrees of strictness relative to the implementation of criminal policy, as well as the superiority of the parole system play, will make our country the number of parole cases grows, therefore, improve the system, urgently in need of China's parole hearing. Secondly,With a public hearing on parole cases the pilot, "3 5 outline," and "fair and giving priority to efficiency" idea enjoys popular support, making perfecting China's parole system is one with a feasibility trial.This third part is the focus of this article, mainly on the Improvement of parole proceedings raised a number of their own ideas and suggestions. First of all, for this system, one of the most controversial issues, namely, the attribution of parole decision-making power issues were discussed, the current legislation gives the courts the right to decide on parole, but the academics have raised two other claims: first, advocated the establishment of the Parole Board, parole decision power exercised by the Parole Board; the other advocates the view that the prison should be to exercise their discretion. I had these two kinds of claims assessment, and then concluded that: still the Court to exercise discretion parole. Then I suggested that the establishment of a person before the parole hearing for the proposed investigation system has been on parole officers to conduct a comprehensive consideration, that this is one of the innovative points. Subsequently improve the parole hearing location, perfect for "special groups" of the parole hearing system and improve the Court's parole hearing procedures own point of view. Finally, in order to make parole hearing of cases of greater effectiveness, this article also give the comment to the parole supervision procedures, relief procedures and the withdrawal procedures .