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Research on the Application of the Parole in China

Author: WuNingNing
Tutor: ZhangNengQuan
School: Southwest University of Political Science
Course: Legal
Keywords: Parole system Penalty Community Corrections The rule of law
CLC: D924.13
Type: Master's thesis
Year: 2011
Downloads: 98
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Abstract


Parole be conditions attached to the release of criminals sentenced to life imprisonment, is an important way of execution of punishment. The parole system stems from the criminal penalties of the Western capitalist countries, our \After the founding of New China's first Criminal Code of the parole system made specific provisions, but because of the legal provisions than the rough, coupled with our traditional tion thought factors, our parole system applicable rates are generally low, with which In contrast, the remission system is widely applicable in judicial practice, and has expanded each year. View of the 19th meeting of the Standing Committee of National People's Congress on February 25, 2011 by the Criminal Law Amendment (h) The amendments made more substantial changes to the parole system, this article will be in the existing laws combined with changes in the part of the amendment on the basis of the provisions set forth parole system in our judicial applicable. Body content of this article is divided into three parts, the first part emphasizes the basic concepts of the parole system and the judicial sense of the parole system, specific to explain the significance of our parole system from three aspects, our temper justice with mercy criminal policy significance for parole, prisoners significance and realize the significance of the purpose of punishment. The second part of the analysis of the parole system in China's judicial applicable, this section is divided into two elements, one describes the contents of the current parole provisions as well as the Criminal Law Amendment (h) is a combination of laws and regulations, and judicial practice in China Analysis of the main problems of the parole system. Specific in describing the parole main problems in five aspects to proceed, first proposed parole for a very low rate of problems, and then analyze the parole N universal reason; discussed the closure of parole applies, and from imbalance of power, lack of procedures, appraisal standards are not uniform and several concrete analysis; discussed parole for the lack of participation of the parties; discussed the problem of unbalanced distribution of powers of the authority of parole applies; final discusses our parole system defects on the set. The third part is a combination of parole applies deficiencies set forth in the second part, the laws of our country as well as the provisions of the Criminal Law Amendment (h), put forward suggestions for improvement of our parole system, are: ideologically change applies to parole prejudice should change the attitude of the purpose and function of criminal law to punish; perfect parole entity legislation and procedures for the application of the law; enhance effective supervision; perfect parole applicable supporting systems, through community corrections, the criminals to return to society, eventually to achieve the goal of building democracy and the rule of law in China.

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CLC: > Political, legal > Legal > Chinese law > Criminal law > General Provisions > The use of penalty
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