The Realistic Dilemma of Prosecutorial Supervision of Sentence Reduction and Parole and Its Optimization Path
In order to prevent unlawful parole activities from infringing on the rights of prisoners and undermining judicial jus-tice,China's legislation explicitly provides for the exercise of legal supervision by the procuratorial authorities in cases of parole and sentence reduction.The design concept of the procuratorial supervision of remission of sentence and parole is based on the distribution of powers and responsibilities and the checks and balances of powers of the participating organs,and follows the basic principles of due process and the function and purpose of punishment to maintain the operation of the system.In the process of specific operation,the supervision of prosecution of sentence reduction and parole is difficult to play the expected function,the structural dilemma of the allocation of powers and responsibilities of the participating organs of sentence reduction and parole,as well as the constraints of the procuratorial organs themselves,resulting in the ineffective and problematic legal supervision as be-fore.In order to get rid of the above dilemmas,the normative construction and supporting mechanisms for the supervision of sen-tence-reduction and parole prosecutors should be optimized,and a sound mechanism for supervision of sentence-reduction and parole prosecutors should be established.
commutation of sentence and parolecriminal enforcementlegal supervisionsupervisory control
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