减刑假释制度的发展趋势和利弊

Developmental Trend of Parole and Commutation Systems and Their Respective Advantages and Disadvantages

2005年3月,北京市委政法委举行专题研讨会,就贯彻宽严相济刑事政策与构建和谐社会的关系等问题开展深入调研。本期刊发的刘京华法官《减刑假释制度的发展趋势和利弊》一文,系作者承担这一课题的阶段性研究成果。作者运用比较法学的研究方法,回顾各国减刑、假释制度的发展趋势和我国减刑、假释制度的沿革,剖析减刑、假释制度的利与弊,比较中、德、美、加等两大法系国家行刑制度的差异,发现各国的行刑制度有可以遵循的客观规律,从我国实行减刑为主假释为辅的制度性缺陷中寻找产生的法律根源,论证依法扩大假释减少减刑的可行性问题,据此提出立法、司法解释建议,值得立法界、司法界和法学界的关注。

In March, 2005, the Commission of Politics and Law, Beijing Municipal Committee of CPC held a symposium to further investigate and explore the relationship between carrying out the criminal policy of tempering justice with mercy and the policy of building a harmonious society. Published above is a paper by Liu Jinghua, an Assistant Chief Judge, as the intermediate findings of the research. By comparative study the author looks back to the evolution of commutation and parole systems in China, reviews the developmental trend of the systems in different countries, and analyzes respective advantages and disadvantages. By comparing differences of sentencing systems in China, Germany, the United States and Canada, countries belonging to either of the two major genealogies of law, the author arrives at the conclusion that there are objective laws to follow in sentencing. The author also proves the feasibility of considering more paroles and cutting down the number of commutations by seeking legal sources with deficiencies exposed existing in China's usual practice of more commutations than paroles. The author hereby puts forward suggestions in terms of legislation and judicial interpretation, which are worthy of the legislative body, the judiciary and the law circle's consideration.