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On the Perfection of the parole system

Author: JiaPeng
Tutor: HanZuo
School: Central University for Nationalities
Course: Legal
Keywords: parole system main problems parole supervision system measure
CLC: D924.13
Type: Master's thesis
Year: 2011
Downloads: 94
Quote: 1
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Abstract


With the continuous improvement of our legal system, the modern penal system is becoming more and more civilized. As the altered system of criminal punishment, parole is generally adopted around the world. It reflects not only the teleological principle of penal education and the economic principle of criminal punishment, but also the trend of criminal execution individualization and socialization. In addition, it has several practical functions, such as stimulating criminals transform, altering criminal punishment and helping criminals return to society.China now attaches great importance to the parole legislation, but state laws and regulations of the parole provisions are too general, resulting in lack of uniformity in the application of parole in judicial practice. Deviation in the judiciary operation, parole supervision system defects, and difficulty of monitoring parole in the implementation process influence the parole application, seriously affecting the parole function of the normal play, hindering the judicial process. There exist a dramatic contrast between application of parole system and commutation, which brought many negative effects to the supervision of offenders, led to low prison execution efficiency and the increase of recidivism of offenders. This situation seriously affected the parole system in fulfilling its functions. This paper explores the meaning and significance of the parole system, combining the current theorists of the parole system, the paper made general review on the parole system in terms of its various definitions, application conditions, social significance, execution punishment meaning, offender’s own transformation significance, etc. The paper then described problems on China’s parole system in the legislation and judicial practice, with the main focus on judicial parole application procedures, enforcement agencies, personnel, parole officers’ transformation of management education, parole supervision system. On this basis, the underlying causes for parole system problems are analyzed as below:the legislative system is imperfect, resulting in disunity of the parole implementation of the national standards. The procedure of formal parole hearing is not public and lack of supervision. Parole executive arm is not perfect with arbitrary mobility management functions of departments. Subjective factors and geographic factors also resulted in work difficulty of parole control officers, combined with lower operational documents. Parole supervision system correction process is not perfect, lack of monitor mechanism.Based on the practice, this paper goes deep into the problems of legislation and judicial practice of the parole system, puts forward some perfecting suggestions and reforming measures on the legislative, executive management, supervision system, including:regulate the Court, the trial program execution system to play the judiciary supervision system, improve the internal supervision system administration, give the people’s congress supervision rights, and gradually replace commuted sentence by released on parole. To promote the rehabilitation of offenders on parole as an important means to improve parole in the management of community corrections in the exercise of parole revocation procedures. Through the improvement of the parole system, increased parole application to the rational allocation of execution resources, to leverage the prison and parole and enhance the performance penalty, reduce administrative costs. Effective implementation of these tools will bring into better social stability, harmony and the promotion of criminal justice to more scientific level.

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