论我国假释制度的完善-法学专业论文.docx

1 1 Abstract Parole is not a single kind of penalty but an implementation mode of probation and imprisonment, as a way of conditional release from imprisonment that entitles the person to serve the remainder of the sentence outside the prison as long as the terms of release are complied with. The imprisonment will be reexecuted if any of the attached conditions is violated. Parole aims to encourage termers, particularly those sentenced a long-term imprisonment, to turn over a new leaf and offers them the opportunity of rehabilitation in an effort to make treatment of criminals individualized, bridge for termers back to the society and save resources for national execution as well. Any blind expansion of parole in China before its fundamental reform will lead to the destruction of social stability and tip the crime situation into the edge of more seriousness. Although the possibility can be seen of widening the application of parole under the existing system, there is not much the room. The author regards the parole expansion realizable only after the establishment of a new systematic and improved parole system based on the fundamental reform of the present system from the following perspectives: Firstly, the present stipulations are not rational about the non-application of parole to recidivisms and those who are sentenced to more than 10 years’ imprisonment as a result of murder, robbery, rape, bombings, kidnappings and other violent crimes if the conditions of parole are fulfilled. Those people should be allowed to be released on parole, but the time span of sentence-serving before a parole should be lengthened. Secondly, the restriction of the parole system development derives from the deficiency of proper inspection agencies, responsible inspection personnel, and appropriate inspection content, which is in great need to be remedied. Finally, in the parole procedure, the author approves of the parole to be proposed by the jail and the parole power held by the Peo