| In the modern penal system, parole is obviously an important penalty implementation system. Parole is a binding method imposed by a relevant authority upon a person who commits a crime after he/she is released by a competent authority. He/She is released to the society while simultaneously being supervised closely to verify whether he/she can live in a free society without being supervised. The purpose of the parole is to enable the criminal to become an important portion after he/she returns to the society. By exploring the purpose of the penalty and setting forth the origin, development of the parole system and the development trend of the global penalty, the author deems that the parole system accords with the purpose of the penalty and tallies with the evolution trend of the penalty. Especially during the course of the development of the global penalty method from the imprisonment to penalty socialization, the parole system is a more civilized penalty method and it is also a necessary choice under the current trends of non-crime, non-penalty and non-imprisonment. Through analysis upon the current situation of the parole system in China, issues can be found therein, such as low applicability of the parole system, excessive principle and generalization of the applicable conditions, imbalance of the implementation, non-standardization of the procedure and unsatisfied survey status. The author deems that the reason thereof lies in the insufficiency of the parole legal system in respect of the prior review and post review, in the impertinency of current parole legislation, in the non-smooth operation of the parole system, in the behindhand assess method upon the parole persons, etc. Therefore, the PRC parole system shall be further explored, reformed and improved. Firstly, the concept shall be changed. The concept of heavy penalty roots deeply in the PRC tradition and people think highly of the deterring function of the death penalty and imprisonment. This imposes a great limit to the spread of the penalty socialization. It is important to change the excessive conservative penalty concept in the whole judicial system and establish a new penalty thought and concept adapt to the development of the times, if we intend to increase the applicability of the parole and the parole ratio. Secondly, the parole legislation shall be enhanced and it is urgent to promote the parole system by establishing a completed legislative and scientific ruling system and a healthy implementation system. Thirdly, the community correction shall be improved. Lack of the community correction is an important reason for the low rate of parole in China now. We may use certain successful experience in respective of the community correction from overseas for reference in order to speed up the construction of the community correction and let the community correction play its role. Fourthly, the supervision of prosecution authorities shall be strengthened. Prosecution authority is the national legal supervisory authority and bears the duty of supervision. Due to the imperfect in the legislation and non-standardization of the procedure, unfair law implementation, even bribes and law bending, commitment of illegalities for personal gains, will arise during the course of the parole work and these phenomena shall be supervised closely. The author thinks the parole system both from the theory and practice aspects to explore the penalty implementation system adapt to the development trend of the modern society. |
