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The Origin Seeking Present Situation Reconsidering and Restructuring of Our Country Parole System

Author: WangYunJie
Tutor: WangRuiJun
School: Shandong University
Course: Legal
Keywords: Release on parole Socialized execution Community Corrections
CLC: D924.1
Type: Master's thesis
Year: 2008
Downloads: 286
Quote: 1
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Abstract


The parole system is a through the the perpetrators repent conditional early release, to to promote offender re-socialization into the purpose of the execution of punishment system indeed. Have been in the mid-1800s, becoming the world recognition and execution system. China in the early 20th century, the introduction of the system. China's parole system combining punishment with leniency, a manifestation of the criminal policy of combining punishment with education, are playing an important role in bringing the offender pleaded guilty, positive transformation, reintegration. However, the use of more advanced countries compared with the world on parole, the parole system in our country in terms of criminal legislation or execution practice, there is a big gap, to be further improved. : Too strict the legislative provisions parole conditions and principles and lack of maneuverability; lack of resocialization measures; legal supervision measures are not perfect. Ideological roots, traditional penalty concept deeply rooted in people's minds tion ideology persists. In the implementation process of the parole abnormally low rate of application, and the commutation of the large number applies stark contrast. Therefore, the correct solution to this problem and will play a vital role in, offender rehabilitation work on promoting China's development. This paper aims at the development process of the parole system, foreign parole system content reference paper analysis is proposed to improve the parole applicable rate applicable to the current situation and its causes through our parole system, give full play to its role in the system design, the parole system to achieve The basic idea behind \To this end, this paper discussed mainly from the following four aspects. The parole system overview. Focused on the History of the parole system, foreign parole legislation an overview of the theoretical basis of the parole system issues. Explore the history of the parole system, understand the foreign content of the parole system, and provide references for the Improvement of the parole system. Creative Introduction and Commentary on the theoretical basis of the parole system, certainly the thinking of the parole system in line with the education reform criminals penalty reflects the penalty economic principles, the reaction penalty individualized and executioner social trend based on the value orientation of the parole system achieve the best balance between the economic investment in social resources to achieve the best balance between focus reflected a \Second, China's parole Legislative Situation and Reflection. Specific analysis of China's criminal law, parole conditions the object, the time the conditions of parole, the substance of the conditions of parole, the parole program, the parolee visits and parole prohibitive conditions. Reprieve offenders on parole, focusing on the parole prohibitive conditions, pointing out the unreasonableness of its existence. Targeted to the recommendations of the reform of the parole system. In order to conform to the trend of the development of the modern execution system. Our parole system running the status quo, the causes of the negative impact. The absolute number of parole and an appropriate proportion of very low compared with the application of the remission system is also very uncoordinated, long approval cycle of criminals on parole supervision mechanism is imperfect, so not only increases the difficulty of monitoring is not conducive to the prison staff to carry out and the prisoners return to society for causing this situation because the author discusses the legal factors, social factors, and other factors. To to parole the applicable status quo adverse impact on the current depth. Fourth, our parole system improvement and remodeling. The development and evolution of the parole system is linked with the theory of criminal law and criminal law concept of change. Therefore, to improve the parole system in our country on the need to constantly update their concepts, dare to absorb and learn all the outstanding achievements of the foreign, but also pay attention to our actual combination. First, change the traditional tion 'and the single concept of retribution based, to establish executioner economic and protect the perpetrators of human rights execution philosophy. Secondly, on the perfection of the parole system, I believe that the emphasis should be placed on juvenile offenders on parole legislation to build a community correctional system with Chinese characteristics.

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CLC: > Political, legal > Legal > Chinese law > Criminal law > General Provisions
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