论我国减刑、假释程序的重构

Analysis of Reconstructing Commutation and Parole in China

减刑、假释作为一项重要的行刑制度,是有效调动服刑人员认真接受改造、提高改造质量,使罪犯早日回归社会的重要的手段。但是,在当前运行的减刑、假释程序中存在监狱建议权侵蚀法院审判权、检察机关监督手段疲软、当事人诉讼参与权过少等弊端。针对现行减刑、假释中存在的问题,需要通过对相关法律的修改完善,重新构置减刑、假释程序,扩大减刑、假释运行的公开程度,加强检察机关监督力度,赋予当事人必要的诉讼参与权,来实现减刑、假释的公正。

Both commutation and parole are very important system of execution, which makes great influence on accelerating the persons serving sentence to accept the alteration, improving the quality of alteration and being a useful measures to them come back to the society earlier. Under the current circumstance of commutation and parole, however, there are still involved with following problems. The advisory right hold by prison eats into the jurisdiction owned by the courts. The supervision method handled by the procuratorial departments is really soften. And the parties involved with the case usually holds scare right to participate in the judicial procedure. Based on the issues 1 have mentioned above, there has been an emergent need for us to realize the justice in the commutation and parole by the means of consummating the legislations, reconstructing the commutation and parole, expanding the degree of publicity in implementing the commutation and parole, strengthening the force of procuratorial departments and endowing the parties essential participating rights.