我国减刑程序的缺陷及其完善——以听证制度的构建为切入点

On the Defects and Perfection of China's Commutation Procedure--Taking the Construction of the Hearing System as the Entry Point

减刑、假释关乎刑罚的执行实效,理应受到重视。孙小果、郭谋思等案件,充分暴露出了其中存在的问题。我国减刑、假释分为提请和审理两个程序,提请程序存在程序不透明及缺乏外部监督的问题,表现为被害人、社区居民不参与报送,公示受众范围有限等。审理程序存在行政化审批倾向,表现为法官不了解罪犯的改造情况,法院书面审理时,案外人和社区机构参与的程度低,缺乏公开监督的渠道;开庭审理时,常常流于形式而缺乏对抗,以及公示制度不完善等。减刑、假释听证制度相比书面审理、开庭审理均具有其优越性,因此,可构建听证程序,从申请主体、听证人员参与范围、听证结果的公布三个方面入手并进行细化,以期破解上述问题。

Sentence commutation and parole are related to the actual effect of punishment execution and should be taken seriously.Cases such as Sun Xiaoguo and Guo Mousi fully exposed the problems in it.Sentence commutation and parole in China are divided into two procedures:petition and trial.The petition process has the problems of opaque procedures and lack of external supervision,which is manifested in the fact that victims and community residents do not participate in the submission,and the scope of publicity is limited.And the trial procedures has a tendency of administrative approval,which is manifested by the fact that judges do not understand the reformation situation of criminals,low participation of outer party and community organizations in court written trials,while in court trials,it always becomes a mere formality and lack confrontation,and the imperfection of publicity system etc..The hearing systems of commutation and parole have their advantages over written trials and in-court trials.Therefore,the hearing procedure can be constructed starting with the application subject,the scope of the hearing personnel,and the announcement of the hearing results,so as to solve the above-mentioned problems.