On The Independent Value And Character Of The Probation System

By comparing the sino-foreign probation system, we can easily find such a fact: the probation systems in main western advanced countries develop quickly, in spite of its different originate, the intermix tendency between the Continental Law System and the Anglo-American Law System is apparent. Its forms and types are divergent, especially the combining use of the probation system and the unpunishmental method has resulted in the individualization of punishment, by which the probation system appears vigorous life force. With its independence increasing daily, the probation has become the important incorportion part of social defense framework, and playing an important role in attaining the penalty object and social special prevention, in some-kind sense, it has breached its traditional classfication in the system of criminal law ,the probation system has gradually developed a relative and full system, which fully appears its independent value. Reflecting on our probation system, although having a hundred-year history from its being input, never has it gotten the attention what should be given, for the shortage of advanced concept. Barren in theory,its theoretic research has hardly get to its substantial and structural problem. As for the legislation, its classfication is not accurat, its composition is umcomplete, its content is simple and forms species are single, and then its application and oprability is impotent. Many problems arise in legal practice, so it is far from giving full play to the functions and values of probation system. This is mainly displayed in the legal concept ofprobation system, namely the lack of the independent value. Because, in the existing probation in our country, it is only applied to short-term criminal punishment and its dependence on criminal punishment makes us ignore its own independent values and characteristics, therefore, it comes to be regarded as an accessory to other kinds of penal codes, and can't be correctly oriented under the dominance of this concept. The probation system was seriously confined and is defficult to develop independently. The lack of independent values has become the foumdamental hindrance to thedevelopment of probation system, namely, the bottle-neck problem. The independent values of probation demands that we must bestow it with independent value status. While its opening and compatibility require us to probe into its developmental rules to substantiate its content and to perfect its structure and system, so that we can full rein to its function. Yet one thing must be pointed out that the indepence of probation system is relative, not absolute. The reason why the author put forward the problem of independent value is that 1 just want to remind us that we should attach importance to the indepence of the probation system, only when we realize this point can we breakthrough the old frame of our concepts. And establish its independent system construction to exert its functions and values to the full extent.