论我国的假释制度及其完善-法律学专业论文.docxVIP

I I 摘 要 摘 要 假释制度是我国刑法规定的一项重要的刑罚制度。假释制度自从诞生之日起，就展 现了在教育改造罪犯、预防重新犯罪等方面的积极作用。然而，由于我国长期受重刑主 义的影响，在具体的司法实践过程中，假释制度在我国刑罚体系中并未充分发挥其功能。 目前，随着我国建设社会主义和谐社会的进程不断加快，在宽严相济形势政策的指导下， 如何充分发挥假释制度的积极作用，对其进行发展和完善，成为刑罚执行领域的重大课 题。本文首先介绍了假释制度的概念，起源，发展，理论基础和重要功能。然后着重阐 述了我国假释制度的适用现状以及存在问题。通过分析现象和问题提出了完善假释制度 的建议，包括：营造假释适用环境；合理制定假释标准；重建假释审理程序包括进行公 开听证制度并设立专门的审判机关-假释委员会；在假释犯的监管方面充分发挥社区矫 正的重要作用。 关键词 假释制度 适用现状 完善 II II Abstract Abstract The parole system is an important penal system of Chinese criminal law .It has been helpful rehabilitating criminals and preventing them from committing new crimes again effectively since the date of birth. However, we tended to mete out severe punishment to criminals. With the idea that criminals deserve severe punishment, the process of enforcing this law has been not that easy，and sometimes the consequence of it has been not as good as we expected either. Our society has been seeing significant progress. All the Chinese people have a common desire of establishing a more harmonious and better society. Under such a circumstance, how to make the most of the parole system in accordance with the policy of tempering justice with mercy and how to improve the parole system during this process have become an important subject of penalty execution. This article begins with the introduction of the parole system, including its birth, development, theoretical basis and functionality. The article especially describes the Present situation of the Chinese parole system and points out the existing problems of it. Based on the situation and problems, the author comes up with his own suggestions to improve the parole system, including: How to create an environment which is good for applying the parole system; How to establish a standard properly to decide which criminals can be released on parole; Parole hearing reconstruction procedures including a public hearing system and to set up a special judicial organ - parole board; In the supervision of the parolee give full play to t