摘要
减刑、假释制度作为最重要的刑罚变更措施,应当受到理论界和实务界的重视。近年来,我国司法实践当中暴露出来的一些违规、违法减刑、假释现象值得反思。减刑、假释制度的封闭性特点导致缺乏公众的有效监督。以书面审理为原则、开庭审理为例外的庭审方式已经难以承担减刑、假释的重任。刑事听证作为公民参与司法的重要和有效途径,将其引入减刑、假释程序之中,较书面审理和开庭审理更具优越性。从确保我国减刑、假释制度顺利实施的目的出发,此种刑事听证应当包括减刑、假释提请听证和减刑、假释审理听证。
Commutation and parole are the most important mechanisms in the criminal punishment,and more attention shall be paid in these areas both theoretically and practically. Recently,more and more cases have shown that there existed some illegal commutation and parole in China's judicial practice. These phenomenon are mainly derived from the commutation and parole system itself,such as having no much access to the process leads to the lack of supervision. According to law,the commutation and parole shall be decided by a written trial or an opening trial,but unfortunately these two methods cannot carry on the commutation and parole perfectly. Hearing,while as an important and effective method of citizen's participation in the judiciary process,shall be introduced into the commutation and parole system. For the purpose of implementation of commutation and parole correctly,this hearing process shall be discussed into ‘submit hearing'and ‘trial hearing'
出处
《政法论坛》
CSSCI
北大核心
2016年第4期138-151,共14页
Tribune of Political Science and Law
关键词
减刑
假释
听证
完善
Commutation
Parole
Hearing
Improvement
