On Parole Program Proper,

Commutation and parole is an important component of criminal enforcement system China's legislation is more detailed on the substantive aspects of commutation and parole, while there is a huge loss in the procedures. In this paper, we discussed commutation and parole from the perspective of Procedure law, with the empirical, historical, comparative methods. The commutation and parole procedure rationalization are essentially specific applications of the basic concept of due process in these two systems. There are a lot of illegal acts of commutation and parole in current judicial practice in China, which has caused great harm to our legal authority. The real reason for these problems is the imperfect parole procedure. Therefore, we must improve the legislation in procedural law.Chapter one:Basic theory of commutation and parole procedural rationalization. First we introduced the concept and defined the nature of commutation and parole. Then we discussed the content of due process by introducing the concept and value of Due process.Chapter two:The commutation and parole comparison of Due Process. In this part we mainly listed related regulations and practices of foreign countries in proposing procedure, pre-trail procedure and trial procedures.Chapter three:The current situation of commutation and parole procedures and their defects. We introduced the legislation in China and cited several cases as examples, after that we analyzed the defects of commutation and parole procedure, including proposing and trial procedure. We concluded that it is lack of the rights protection of criminals and victims in proposing procedure and trail procedure. Besides, courts and prosecutors could not achieve the supervisory role.Chapter four:The reconstruction of China commutation and parole procedure. In this section, we attempted to make proper transformation in proposing procedure, pre-trial procedure, trial procedure and relief proceedings of commutation and parole so that the courts can give full play to its function, and the procuratorate can improve its supervision function. At the same time, through these transformations the rights of criminals and victims can be protected.