A Substantial Study On The Procedures Of Commutation And Parole

As a material part of penalty execution system of People’s Republic of China(PRC),commutation and parole play important roles in the area of execution of punishment.In the past few years,cases related to commutation and parole which were seldom concerned in the past gradually came into people’s attention as the further promotion of judicial publicity.Commutation and parole are not only important issues directly related to the vital interests of prisoners,but also related to the stability and harmony of the whole social order and the public confidence in criminal justice.However,irregularities of procedures and fuzziness of law have gradually become the focus of attention in commutation and parole field among professionals.Commutation and parole are not only important issues directly related to the vital interests of prisoners,but also related to the stability and harmony of the whole social order and the sense of trust of public in criminal justice.Irregularities of procedures are not only influenced by the factors such as the operability-lacking of the current laws,the quality-lacking of the personnel in the penalty enforcement organs,furthermore,procedural legislation-lacking is also a nonnegligible factor from the perspective of procedural justice.In addition to the lack of legislative rules,the unreasonable structure of the procedure mode also poses many problems to the whole commutation and parole trial procedure in judicial practice.How to establish an effective connection between commutation procedure and parole’s? How to relieve trial pressure of commutation and parole? How to fine the relief way of trial result? To solve these practical problems,in the final analysis,we need to make a rational planning and reconstruct the commutation and parole trial procedures at the system level.