减刑、假释工作运行机制之重构

Reconstruction of the Operation Mechanism of Commutation and Parole

从湖北省某地监狱和看守所近几年的情况看,减刑、假释存在着"失效"问题,陷入了行刑目的与司法实践脱节的困境。这是因为,在理念上,部分法官和法院缺失程序价值理念、人权保障理念和司法价值理念;在制度上,减刑的实质适用条件抽象性太强,假释的实质适用条件操作性不强,立功表现的认定标准模糊;在操作上,标准混乱,偏重客观,程序粗糙。应借鉴大陆法系和英美法系国家的减刑、假释制度,结合我国的司法实践探索如宜昌中院、巢湖中院和广西高院的经验,构建理念人本化、目标社会化、规则精细化、流程科学化、效果经济化的减刑、假释制度。

According to the situation of prisons and detention houses somewhere in Hubei province in recent years, the implementation of commutation and parole has ＂invalidation＂ problem, they have run into trouble while the separation of the execution purpose and judicial practice. There are some reasons, in ideas, some judges and courts lack the concept of procedural value, the idea of human rights protection and the idea of judicial value. In terms of system, the substantive condition of commutation is too abstract, the substantive condition and operability of parole are not strong, the identification standard of meritorious service is fuzzy. In terms of operation, the standard is confused, it is important to emphasize the objectivity, the program is rough. We should learn from the commutation and parole system in Continental Law System and Anglo-American Law System countries, combine the exploration of judicial practice in our country’s courts, such as the Yichang intermediate people’s court, Chaohu intermediate people’s court and Guangxi higher people’s court, we should build a commutation and parole system which has humanism concept, socialization target, refinement of rule, scientific process and economic effect.