Research Commutation And Parole

Correctly applying the commutation of the sentence on parole, is conducive to the proper implementation and penalties on the rehabilitation of offenders, will help protect the legitimate rights and interests of criminals, is conducive to maintaining control order. But years of judicial practice shows that the commutation of the sentence on parole, whether the current design of the system operation or in the judicial practice, there are some problems and defects, affecting its function and role to play. I work as a trial Commutation and Parole is responsible for supervision of judges, in close connection with the judicial practice, careful research and studies, the choice of the study, we mainly prisons, detention centers and the People’s Court commuted to parole work as a research subject. Henan Province was mainly targeted research within the prisons, detention centers, courts, research data has some geographical characteristics. The author combines the history of foreign commutation and parole system in the history of Commutation and Parole, parole, commutation of sentence to the law and the current objective function evaluation. For the commutation of the current problems in the operation of the parole system and causes a serious and in-depth analysis of induction. Focus on the legislative, the judicial analysis of the specific provisions of parole from a sentence is not too strong around the principles of operational law enforcement is not uniform, true repentance, "the mitigating conditions require less detailed, the lack of commutation of sentence after revocation proceedings supervisory procedures, parole resulting in less difficult for parole, free short-term sentence for criminal offenders are not included in the object, commutation of sentence of parole does not focus on mass public hearing and in writing of serious criminal sentence be misinterpreted as the apparent abuse of rights, the simple performance of the prison as a criminal commutation of the sentence are illegal, parole weakening caused non-existent, ruling class of property offenders and other serious divergence of commutation of controversy. on improving the system of parole sentence, from the guiding ideology, legislative and judicial operational level put forward their suggestions and comments. made Commutation and Parole System Improvement of the guiding ideology of the sentence on parole work should be based on the law to run, implement the temper justice with mercy in the criminal policy, adhere to legal and social effects of the organic unity, adhere to the retributive and utilitarian nature of the organic integration. legislation should be amended "may" sentence formulation, refinement "true repentance," the specific provisions, the test of commutation revocation sentence criminals to set the system to improve the conditions of parole law, the provisions were sentenced to criminal detention or three years in prison, suspended declaration Offenders can be applied to commutation of sentence, shall take the adversarial litigation system does protect the public hearing offenders, victims rights. judicial terms should be established to improve people’s assessors to participate in procedures for Commutation and Parole hearing the case should be a comprehensive multi-dimensional measure to judge criminals repent, strengthen the function-oriented parole correction, based on the implementation of joint mechanisms to address criminal sentence commutation class of property problems, such as establishment of the Circuit Court of parole sentence. Chuqian above analysis, the teacher criticized hope you correct me.