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The Discussion Of Chinese Probation Application And Perfecting

Posted on:2012-05-17Degree:MasterType:Thesis
Country:ChinaCandidate:B FuFull Text:PDF
GTID:2166330338995012Subject:Criminal Law
Abstract/Summary:PDF Full Text Request
The probation with its emerge has been experiencd rejecting, understanding ,accepting and worshiping by people ,then become a very important penalty system of our criminal law. In legal practice, the application of probation is not very optimistic in our nation because severe punishment has been rooted deeply. Rightnow, we devote to creat harmonious society, by the guidline of Combining Leniency with Rigidity ,how to take the advantage of probation and make it better is likely to have a profound effect on the development of the probation.This article, combined with China and sevaral other foreign country in current situation of legislative and judicial,explores the problem of probation and speculates about imoroving measure of probation. This article presents origin of the probation, including Anglo-American law system ,common law system and our law system.This article aslo sketches the concept and the value of probation which gains ground with establishment of the criminal social school and embodies the humanitarian values of penalty has very a significal influence to realize the freedom ,to stable social order and to keep justice.On this background, the key point of this paper is to analyze the present situation and the existing problems of the probation, to give legislation suggestions of probation, including the people who is suitable of the probation ; the essence condition of probation application, the situation which excludes the application of probation, the inspection of probation, the revoked system of probation, setting the special program for probation and constructing probation reconciliation system of our country. Finally, the author put forward some concreat measures ,including the mating syetem of perfecting probation inspection,adding the affiliated obligations of probation, enhancing the supervision of probation , Enlarging the right of social participation , Strengthening the incorrupt construction of court, enhancing the professional abilities of judges.
Keywords/Search Tags:System of probation, Probation application, Legislation improvement
PDF Full Text Request
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