Abstract: | According to the criminal law of our country, commutation or parole require the executive department to present a relevant submission to the court for the collegiate bench to make arbitration. However the procedure is to some extent improper in that criminal, as the direct beneficiary, is excluded in this procedure. Thus, it may not ensure the rights and interests of the criminal, and moreover it is unavoidable that the executive department may deliberately decrease the application of commutation or parole. In spite of respective advantages and disadvantages, both commutation and parole are rights by nature. Thus, application system should be applied. Commutation or parole should respect the willing of the criminal. Criminals should submit applications according to their subjective needs, then the executive department propose submissions to the court. The proper procedure will ensure the legal rights of the criminals and will surely improve the their reform activity in turn. |