Study On Parole System Of The Duty Criminals

The parole system is very popular because it has advantages to reform the criminals,ease social conflicts,reduce the cost of execution,facilitate the return of criminals and maintain the order of supervision,and so on.However,the parole ratio is always too low in China for all kinds of reasons,which has influenced its function.Especially since 2014,when the parole requirements for duty criminals were strictly controlled in China,some execution authorities haven't submit a written recommendation to the people's court for examination and decision for duty criminals,and some people's courts also haven't make a ruling to approve parole for them,resulting in zero parole in some places.Based on the combination of field research and document research from the current situation of the parole among regular criminals and duty criminals,this paper introduces the theoretical basis of parole system,and analyzes the problems and reasons of the parole system from the legislative level and the judicial level,then introduces some foreign advanced experience about parole system,and proposes some feasible countermeasures.In the first part,it firstly introduces the concept of duty criminals,then expounds the theoretical basis of the parole system,including the economical theory on penalty,theory about the purpose of penalty,the humanitarianism of execution,the principle of execution s.ocialization,and the principle of execution individualization,in order to demonstrate the validity of the parole system for duty criminals.In the second part,through collating and citing data,it firstly introduces the legislative status of the parole system about the duty criminals in China,and the status quo of judicial operation in recent years.Secondly it discusses the legislative defects(including substantive and procedural law).Lastly it analyses the problems and reasons of our parole system in judicial operation.Through sorting out the characteristics and experience of the legislation,judicature and supporting system of the parole system outside the domain,the third part summarizes a useful enlightenment and reference to improve our parole system.In the fourth part,the author suggests:forstly,on the one hand,we should straighten out the logical relationship between commutation and parole,and adjust the object of parole,and add legal provisions about parole for meritorious acts on the substantive law level.On the other hand,on the procedural law level,we should take measures to improve our legislation,such as scientifically allocating the right of submission,giving victims and criminals full participation rights,enacting a unified law of criminal enforcement procedures,and so on.Secondly,we should improve our judicial system of the parole by following measures:regulating the right of submission,optimizing the procedure of submission,classifying the case and adding trial batch,improving the trial procedure,improving the means of prosecutorial supervision,strictly abiding by the prosecutorial supervision procedures and having a balanced grasp of the parole provisions of corruption and bribery criminals during the transitional period of old and new standards.Finally,we should take measures to improve the relevant supporting system,such as establishing a progressive treatment system,improving the community correction system,scientifically formulating the accountability system and so on.