Wu Yuezheng: Reform the parole system on the track of the rule of law
June 05, 2019 09:11 Source: "China Social Sciences" June 5, 2019, Total No. 1707, author: Wu Yuezheng

The parole system in my country's criminal law is a means of non -prisoner's punishment office,Although the punishment is theoretically more mature,But it is still low in judicial practice for a long time,Make the goal of gently punishment and the socialization of execution failed to fully achieve,It is not in line with the trend and development trend of the World Criminal Law。In terms of standardized sense,Three power divisions in the existing judicial system are clear,The parole process seems to be orderly and orderly,But in practice,There are certain defects in the existing parole trial program,Not conducive to criminals to return to society smoothly、Not conducive to repairing the damaged social order。Current,The problems of the applicable system of parole release are mainly manifested in procedures,The object of reform should also be based on the perfect program,Specifically includes parole request procedures、parole review procedures and parole ruling procedures, etc.,It mainly involves the exercise and responsibilities of the exercise and responsibilities between different judicial subjects,For example, the power of parole from the prison department、The appropriate supervision rights of the procuratorial organs and the court's parole ruling rights。In the new era, the Party Central Committee with Comrade Xi Jinping as the core attaches great importance to the construction of socialist rule of law with Chinese characteristics,Perfect the innovation of the theory of the rule of law and the development of the practice of the rule of law。In this background,The reform of the application system of parole release is imminent。System reform needs concepts first。The basic concept of bet365 live casino games the reform of the parole system runs through the rejuvenation of the leaning system of the parole system,With guidance and restricting the reform of the parole system,The function of maximizing the function of the parole system。The specific characteristics and actual needs of combined with parole reform,Global、fundamental is standard,Target to maximize the parole function,Persist in implementing the criminal policy of leniency and strictness、Performance of physical reform and procedure reform、Reform criminals and guarantee human rights in parallel,It should be used as the basic concept of the reform of my country's parole system。

  bet365 live casino games

At the legal level,The criminal policy of wide and strictness is an important criminal judicial strategy that my country has always adhered to,In criminal legislation、Justice、Law enforcement and other links can be penetrated and reflected,Not only a guide to action reform for bet365 live casino games the reform of the parole system,It is also an important pointer to punish crimes and protect the people in the judicial department。This policy not only guides criminal justice and legislative activities,and the implementation of criminal justice and legislation, that is, the execution of punishment is also a vital guiding role。As far as the execution of the punishment,It not only represents the application and end of the punishment,At the same time, it is still criminal justice、The legislative link must be closely attached to the important link。other,The execution link of the punishment is the core link that is widely displayed in the principle of leniency and strictness。During the execution stage of the punishment,parole as a measure as a measure to achieve punishment,Change the execution of punishment,Adapt to local conditions according to different situations of the prisoners,The retribution purpose of prominent punishment on the "strict" side,On the side of the "wide" side, the prevention purpose of punishment,Implement targeted disposal measures to the prisoners who show different performances,Make it return to society smoothly,Therefore, we must always implement the principle of lenients bet365 Play online games and strictness,Efforts to achieve wide strictness、Differential treatment。For the parole system,At the beginning of it、Establishment and the formulation of statutory application requirements are all compatible with strictness and strictness。Types of criminals、plot、The identity is different,Or in the trial link with different parole conditions,This criminal policy can also play a corresponding role。

The performance based on the criminal -based performers in the prisoner,Reduced the period of serving the sentence or allows them to be released from prison in advance on the basis of specific requirements,This is the basic connotation of the parole system。First,Observe from the whole,The parole system can concentrate the "wide" side of the principle of wide and strictness;,Pure attention to the principle of wide and strict and mutual help in terms of norms and guidelines is far from enough。For this,Standing on the perspective of "wide" formulating supporting facilities、Rigid restrictions,Efforts to achieve the organic unity of "wide" and "strict" in the parole mechanism are also the right meaning。More,Make the principle of Kuan Yan Xiangji get a comprehensive manifestation in parole application and mechanism planning stage,The punishment measures that the criminals receive are highly fit with the requirements of the above mechanism.。

  Basic ways: parallel emphasis on physical reform and procedure reform

Program、The two major mechanisms of the entity jointly formed the existing parole mechanism in my country,In physical aspect,Its core content includes the substantial requirements of parole、Test mechanism、Objective elements and revocation mechanisms, etc.。In terms of procedures,Whether the criminals have applied parole requirements,The power of its review and identification is in the hands of the prison。If the criminals meet the legal requirements,The court will receive a request provided by the prison for applicable to parole suggestion,Then, on this basis、Deep -level bet365 live casino games consideration,Then I can get a decision to apply for the parole system,or ruling for parole,or rejected parole suggestion。If the parole mechanism is successfully applied,Its post -after -event supervision procedures are handed over to the procuratorate。

The parole mechanism can be reflected in the Criminal Law and the Prison Law and related judicial interpretations。For parole program mechanism,my country Criminal Law also formulated exceptions for it,This can show that the programming attributes of the parole system are particularly significant to a certain extent。At this stage,Domestic parole program、There are still many gaps in the physical mechanism,It can be compared to the physical mechanism,The program mechanism has not obtained deep -level exploration in the practice operation link and academic circles。Its root is that the disadvantages of physical theory are more significant,Coupled with the regulation of criminal policy and suppression of administrative agencies in practice,It is difficult to achieve a high degree of shape in the judicial stage,Can't get high attention。It is not difficult to see,The fundamental purpose of wanting to parole、meaning、Function can be implemented,It is bound to depend on scientific and reasonable procedures and physical mechanisms。Only the planning and application of the program mechanism,can ensure that the right to punish the right to implement。Strict、Under cautious procedures,Through the applicable fair trial mechanism,Make sure the parties to the lawsuit、The basic rights of the participants can be maintained,Make litigation participants can be treated with civilization and fairness,Effectively maintain the operation of various supervision mechanisms,Only to ensure that the final trial results of the hypothesis can obtain higher credibility and sense of social identity,Therefore, the spirit of physical justice。The purpose of the parties participating in the lawsuit,To obtain the results of the favorable treatment bet365 live casino games of yourself,Therefore, the results of fair trials are for stopping disputes、Acting for the parties and maintaining the harmony of the society is a vital role。Paying attention to procedures is also an urgent need for social impartiality on parole case trials,In view of this,In the session of the transformation parole system,The principle of always adhering to the principle of procedure and entity is the meaning of the shoulder。

  Fundamental guarantee: Correction of criminals and guarantee rights in parallel

Correction of criminals is the need for society,On the premise of depriving the rights of restricting the criminals,The criminal needs freedom,For the purpose of not being deprived of your needs。But,Performance of the right to safeguard the criminals exist between the transformation of the criminals、Honggou that cannot be reconciled。Dang society、When the human rights formed between criminal human rights,Or the human rights of criminals、When social rights and interests are relative,Analysis of the perspective of the value level,Criminal human rights are slightly inferior,Therefore, it should be regarded as restricting human rights or deprivation of human rights as the basic cost and tools for transforming criminals。From a certain level of perspective,Ensuring the human rights of criminals is not in a state of absolute contradiction,There is a specific fit point between them。As far as human rights are concerned,The spirit and natural characteristics of natural persons form a decisive effect on it,other,It is also a way of expression of citizen rights。In the link of creating a reconstruction system for criminals,It is necessary to consider the needs of human nature,To the greatest extent allows criminals to have the right to live in life, and some of the freedom of freedom is the fundamental purpose of transformation。

Make the relationship between rights and obligations accurately defined as the fundamental essential meaning of the law。For this,The following elements should be considered: Bet365 app download as far as the transformation of criminals,It should be based on the legitimate needs of the legal system,In the category recognized by the legal system,Appropriate norms to guide,With reasonable means to care about the situation of criminals,Study on the legitimate rights that the criminal should enjoy。More,Demand based on human rights maintenance,Criminal punishment attributes are left behind by people,Mandatory flow in form,Care、Protection of criminals being resisted by the public,Can't resonate with humanitarianism in the society。The essence of it,Blindly highlighting the overall social rights and interests,Unreasonable way to make the rights of criminals highlight,All are contrary to the spirit of the rule of law just。Based on this,When creating a reconstruction system for criminals,Must be measured on an objective perspective and always maintains strict and cautious attitude,Formulate strategic measures with social evaluation as a foothold,Treatment of specific cases with rigorous law enforcement。

The contradiction between individuals and social rights and the opposition between the rights between natural persons,​​Both the guarantee and deprivation of the human rights of criminals have a direct effect。The legal system is based on equal protection of human rights as the starting point,and strictly follow the fairness、Under the guidance of the principle of justice,Standards the guarantee and deprivation of rights。Reasons for deprivation of rights、The category and the scope of reserved rights must be based on my country's legal system as a foothold。Perspective of the transformation and punishment,Criminals are in the process of re -education,It is bound to withstand the compulsory education methods implemented by the prison,If in this process,Criminals are always in a state of being forced to be psychologically or passive,So it is bound to be physiological、Spirit and other aspects feel very heavy pressure and pain,It is impossible to positively recognize Bet365 lotto review and understand the ethical significance in the punishment measures,Then a resistance was generated、Angry psychological suppression or opportunity to vent。For this,Only the human rights of the criminals are maintained and recognized,Make it self -development、The right to transform is extended and guaranteed,Only the cubes can make the criminals recognize from the bottom of the heart、Reconstruction and renovation measures implemented by the prison department,so that criminals gradually recognize the fundamental principle of common life of society。

  (Author Unit: School of Law, South China University of Technology)

Editor in charge: Wang Ning
QR code icons 2.jpg
Key recommendation
The latest article
Graphics
bet365 live casino games
Video

Friendship link: Official website of the Chinese Academy of Social Sciences |

Website filing number: Jinggong.com Anmi 11010502030146 Ministry of Industry and Information Technology: Beijing ICP No. 11013869

All rights reserved by China Social Sciences Magazine shall not be reprinted and used without permission

General Editor Email: zzszbj@126.com This website contact information: 010-85886809 Address: 11-12 floor of Building 1, No. 15, Guanghua Road, Chaoyang District, Beijing: 100026