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Research on Justification of Our Country’s Procedure of Commutation and Parole

Author: ShuYe
Tutor: LiChangSheng
School: Southwest University of Political Science
Course: Criminal Procedure Law
Keywords: Commutation and parole programs Justified The right to decide
CLC: D924.13
Type: Master's thesis
Year: 2011
Downloads: 130
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Abstract

Commutation the parole system Criminal runtime system. It inspire positive transformation of inmates in prison, the smooth reintegration, has an important role in maintaining social stability. Can be either in the laws on the research field of reduction of sentence, parole program of slightly less than, or even many of the blank. According to the provisions of the law, the court commutation, parole cases, often written examination, procuratorial organs are active or passive waiver supervise inmates as well as the victim is unable to participate in the proceedings, or even about their own personal rights ruling no relief the channels, resulting in reduction of sentence, parole program administrative tendency, program closure and opaque. Theorists contrast commutation, parole entity specialized research program is incidental, often substantive criminal law scholars focused on the substantive issues discussed procedural issues, incidentally, little academic attention Procedure Law. In recent years, practitioners also began commutation and parole program pilot, achieved some good results, but reform ideas on different caused the practice commutation, parole procedures confusion, the need for accurate positioning commutation, parole procedures the nature and mode selection. Improve legislation and practical experience from foreign research situation, help improve our commutation, parole program leading to justify means. Therefore, referring to foreign legislation, combined with the actual situation of the country, this issue was discussed in detail. In addition to the introduction, the text of this paper is divided into four parts, three thousand words. The first part of this paper is the positioning of the nature of the commutation and parole procedures. View of academia commutation and parole decision shall be vested in and commutation of sentence, the nature of the parole program there is a certain logic relations, the author does not agree and both distinction. The part is based on in-depth analysis of the two views, concluded: China commutation, parole decision is still exercised by the court, commutation of sentence, parole program is a special program of the administration of justice. The second part of this article discussed in detail the legislative status and judicial practice of commutation and parole procedures, first expounded the the legislation status quo of the commutation and parole procedures, respectively, from the commutation and parole programs drew stage, hear and decide the stage, revocation and relief phases are analyzed one by one, followed by combination of judicial practice in China the status quo, pointing out that the court duties desalination trial forms, and the commutation of the revocation of the practical issues and the prosecution supervision weakening more prominent judicial practice. These show the status quo of commutation, parole program showing the tendency of the administrative Finally, analysis of the reasons for these problems commutation, parole procedures. The third part of this paper is to commutation, parole program mode selection positioning for academic and theoretical circles two points of view, a view that commutation and parole procedures \One view is that the commutation and parole program transformation publicized hearings mode, the author of the two views., then concluded: commutation, parole program should choose to locate similar general trial proceedings, but not altogether Litigation transformation mode. The fourth part of this paper is a part of the focus of the article, commutation and parole procedures justify remodeling. According to the conclusions of more than a few - commutation and parole decision is still exercised by the court in accordance with the law, and the implementation of the Court is the proper meaning of the law, proposed commutation, parole Due process important to follow a few basic principles and according to the requirements of the principle of specific proposed commutation, parole reform measures required at all stages, the Court first pretrial preparation, prosecution, enforcement authority, inmates, victims should be involved in the trial based on the circumstances of the case well program, the implementation of the principle of hearing, a written hearing shunt trial system for auxiliary combining cases, including a detailed analysis of the role of the participating agencies and staff, the last of the commutation and parole revocation and relief program according to the specific circumstances of the case, the Court reform.

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