The Reconstruction Logic and Institutional Realization of the Substantiation of Court Hearings in China's Commutation of Sentence and Parole Cases

Abstract

The manuscript discusses the importance of sentence commutation and parole cases as an essential stage in the execution of criminal judgments, related to both judicial justice and trial authority. To clarify this issue, this article mainly adopts a literature research method to systematically review the research on China's establishment of parole and commutation since its inception, and uses case studies to provide examples to illustrate the existing situations.The author argues that substantive hearings for these cases can remove the issue of "paper-pushing" and strengthen procedural justice, transparency, and judicial justice. The manuscript suggests that the current "tripartite" linear model for parole hearings should be transitioned to a deliberative mode with statements from both prosecution and defense to achieve a substantive hearing. The author proposes that the "tripartite trial structure" reform should be the starting point for reconsidering the legal identity and rights of the participating subjects and their responsibilities.