提高我国假释适用率的制度保障

Guarantee of the System of Parole Applicability in China

我国假释的适用率偏低 ,与法律预期之间存在较大距离 ,远未发挥其对罪犯的正反馈鼓舞功能及对自由刑缺陷所应起的弥补作用。本文在分析成因的基础上 ,提出了构建三大机制的构想 ,即再犯预测机制、假释运作机制和保护管束机制 。

The rate of parole applicability in China is relatively low and has much to improve to meet law expectations. Parole has not played its full role in encouraging criminals' positive feedback and in counteracting the defect of flexible penalty. Based on an analysis of the causes, the paper presents three ideas, i.e.,recommission prediction organism, parole manipulation organism and control protection organism, so that the system of parole could be made use of more effectively.