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刑罚执行是法定的司法机关将生效的刑事裁判所确定的刑罚付诸实施的刑事司法活动,假释是刑罚执行中的一个重要制度。实践证明,假释制度具有鼓励服刑人员自新、给服刑人员提供尽早复归社会的桥梁等诸多功能,符合我国刑法不是单纯的惩办主义、报复主义,而是通过刑罚的适用教育、改造犯罪分子的本意,从而有利于刑罚目的的实现。然而,在我国目前的司法环境中,由于假释制度本身存在的缺憾以及“人情假释”、“权力假释”“金钱假释”等诸多社会问题的凸显,很大程度上削弱了假释制度原有的立法寓意。因此,正确理解假释的立法目的,准确把握假释的适用条件,成为所有法律人正确运用该制度使其充分发挥作用的关键。
Execution of a sentence is the criminal judicial activity that the judicial organ that the statutory judiciary takes into effect the penalty defined by the criminal tribunal in force. Parole is an important system in the execution of a sentence. Practice has proved that the parole system has many functions such as encouraging prisoners to serve as prisoners, providing prisoners with a bridge to return to society as soon as possible, and is in line with China’s criminal law instead of simply punishingism and revenge. , Which is conducive to the realization of the purpose of punishment. However, due to the shortcomings of the parole system itself and the prominence of many social issues such as “parole”, “parole of power” and “parole of money” in China’s current judicial environment, it greatly weakened The original legislative implication of parole system. Therefore, a correct understanding of the legislative purpose of parole and accurately grasping the conditions of parole become the key for all legal people to make full use of the system to make full use of it.