Legal basis: Criminal Law of People's Republic of China (PRC).
Article 79 For commutation of a prisoner, the executing organ shall submit a proposal for commutation to the people's court at or above the intermediate level. When trying a case, the people's court shall form a collegial panel, and if there are facts of repentance or meritorious service, it shall make a ruling to reduce the sentence. Without legal procedures, the sentence may not be reduced.
Article 81 If a prisoner sentenced to fixed-term imprisonment has served more than half of the original sentence, and a prisoner sentenced to life imprisonment has actually served for more than 13 years, has earnestly observed prison regulations, received education and reform, and has truly shown repentance, and is not in danger of recidivism, he may be released on parole. Under special circumstances, with the approval of the Supreme People's Court, the above-mentioned restrictions on the execution of prison terms may be waived. Recidivists and criminals sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment for intentional homicide, rape, robbery, kidnapping, arson, explosion, throwing dangerous substances or organized violent crimes shall not be released on parole. When deciding to release a criminal on parole, we should consider the impact on the community where he lives after parole.
Article 82 Parole of a prisoner shall be conducted in accordance with the procedures stipulated in Article 79 of this Law. No parole shall be granted without legal procedures.