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假释是我国重要的刑罚执行制度和行刑司法活动。它对于调动罪犯改造积极性、激发罪犯自觉改造的内驱力有着十分重要的作用。但是,近年假释的适用比例急剧下降,全国平均在3%左右,形成了“法律资源的浪费”。笔者认为,破解假释制度遭遇的尴尬,与解决目前中国监狱面临的其他问题一样,既需要行刑观念上的正本清源,又需要制度设计上的变革探索。
Parole is an important system of execution of sentences and judicial execution in our country. It plays a very important role in mobilizing offenders to reform their motivation and instigating them to reform their internal drive. However, the proportion of parole applied in recent years has dropped sharply, averaging around 3% nationwide, forming a “waste of legal resources.” The author believes that the embarrassment of cracking down on the parole system, just as solving other problems currently facing China’s prisons, not only requires a clear source of the original concept of execution but also an exploration of the changes in system design.