CAJ | 학술논문

减刑、假释作为一项重要的行刑制度，是有效调动服刑人员认真接受改造、提高改造质量，使罪犯早日回归社会的重要的手段。但是，在当前运行的减刑、假释程序中存在监狱建议权侵蚀法院审判权、检察机关监督手段疲软、当事人诉讼参与权过少等弊端。针对现行减刑、假释中存在的问题，需要通过对相关法律的修改完善．重新构置减刑、假释程序，扩大减刑、假释运行的公开程度，加强检察机关监督力度，赋予当事人必要的诉讼参与权，来实现减刑、假释的公正。
감형、가석작위일항중요적행형제도，시유효조동복형인원인진접수개조、제고개조질량，사죄범조일회귀사회적중요적수단。단시，재당전운행적감형、가석정서중존재감옥건의권침식법원심판권、검찰궤관감독수단피연、당사인소송삼여권과소등폐단。침대현행감형、가석중존재적문제，수요통과대상관법률적수개완선．중신구치감형、가석정서，확대감형、가석운행적공개정도，가강검찰궤관감독력도，부여당사인필요적소송삼여권，래실현감형、가석적공정。
Both commutation and parole are very important system of execution, which makes great influence on accelerating the persons serving sentence to accept the alteration, improving the quality of alteration and being a useful measures to them come back to the society earlier. Under the current circumstance of commutation and parole, however, there are still involved with following problems. The advisory right hold by prison eats into the jurisdiction owned by the courts. The supervision method handled by the procuratorial departments is really soften. And the parties involved with the case usually holds scare right to participate in the judicial procedure. Based on the issues 1 have mentioned above, there has been an emergent need for us to realize the justice in the commutation and parole by the means of consummating the legislations, reconstructing the commutation and parole, expanding the degree of publicity in implementing the commutation and parole, strengthening the force of procuratorial departments and endowing the parties essential participating rights.