Judicial Practice Of The Parole System In China

Parole is a conditional early release of system,which originated from Europe in 18th Century, and generated on the basis of the theory on personal danger, the theory on comprehensive purpose of penalty, the principle of penalty executing humanitarianism, socialization and individualization. Because, the parole system can motivate offenders to accept education and reform, maintain the safety and supervision order of penalty execution organs; ease the pressure of penalty execution organs, reduce the cost of executing penalty; reduce the risk of recidivism and help offenders successfully return; remedy the differences of sentence and promote the relatively fair on penalty, etc. It is widely welcome and used by the world, occupy a very important position in modern penal system.Parole system since 1911, modifying the law of late Qing Dynasty when introduced into our country, after the Nanjing government and the revised several times since the founding of new China, until 2011,'PRC Criminal Law Amendment (eight)'come on stage, in our country to run for nearly a hundred years of history, but still showed a low level of running state, did not play its function. In the eyes of the current situation of parole system in China, our country's parole rate compared with neighboring countries is in the end, say nothing of with compared with developed countries; the proportion of the application of parole is imbalance; and it appears the trend to rely mainly on commutation while making parole subsidiary. The reason was that the judiciary in our country had been influenced by negative factors for long-term, such as traditional ideas on executing penalty, criminal policy and the current punishment system, etc. The author finds that the current parole system in our country has following questions:first, on legislation layer, the material conditions on the application of parole hasn't excellent practical operability in practice, has more subjective and arbitrary, extremely easy to cause the occurrence of two extreme case, that is the misuse of parole and the retrench of parole. Our situation typical reflects the latter. Under the circumstances, the judicial authority is still artificially increase restrictive conditions to limit the parole rate. Second, on judicature layer, the penalty execution organs,judicial apparatus,procurator organs should have checks and balances, but now the penalty execution organs has absolute predominance. It is harmful to the development of parole system in our country. Furthermore, on the institution layer, the lack of prediction of recidivism system and imperfection of community correction system, has seriously hampered the development of the parole system in our country. The author thinks that we should abandon the traditional idea of execution, set up the modern penalty idea. On these bases, we should deeply understand and carry out the criminal policy of tempering justice with mercy, increase the rule about the compulsory parole of juveniles. Through establishing the scientific prediction of recidivism system,protecting the legal interests of victims in parole improve the community correction system and strengthen the legal supervision of procurator organs, we can accelerate the improvement of the modern parole system in our country.