Research On Probation System Under Criminal Policies

In 19 century, the criminal policies and probation system both of which aim to prevent crimes emerges one after another. In respect of control and prevention of crimes, the criminal policies, which are flexible, change with the variation of trend of crimes in society. However, as a criminal system, the probation system has a characteristic of stability. But in a state of rule of law, the criminal policies depend on criminal legal system, and they cannot be beyond the applicable provisions of criminal legal system. Accordingly, how to solve the contradiction between the flexibility of criminal policies and stability of criminal legal system is a vital topic in contemporary criminal law. Whereas, the article selects this topic. Certainly, the main content of the article is a study on probation system of China. Our probation system is a system that doesn't carry out the original penalty subject to conditions. It embodies a criminal policy of a combination of punishment and forgiveness, and is significant to prevent the criminals from committing crimes again. So, it is an important criminal legal system in China. However, we have a short history of the probation system. Although our criminal law circle pays more attention on the construction of probation system, there are still many defects in legislation, jurisdiction at present. We need to perfect and supplement it further.In order to solve the aforesaid contradiction, the article employs many research methods such as historical analytic method, comparable analytic method and deducing method. This paper focuses on the deducing method. This paper further makes the following proposals regarding China's probation policy: 1. to adopt the criminal policy of an balance between loosening and strengthening; 2. to expand the scope of application of probation system; 3. to improve the present defective probation system; 4. to reflect the modern tendency of criminal policy. This paper is further divided into 3 parts: Part 1 is a brief introduction of probation system and the historical development of this system in the international community, and further an analysis of the tendency of probation system; Part　2　is　mainly　an　analysis　of　the　relationship　between　probation　and　criminal　policy.　This　part　casts　an　eye　to　the　specific　situations　of　PRC　and　upholds　the　view　that　China　shall　expand　the　application　scope　of　probation　system.　Part 3 proposes the perfection of probation system within China. With an eye to the defects in the present system, the Paper states that the aforesaid system shall be improved from the perspective of legislation, judicial and criminal application. The final part is a epilogue. Based on summarization of the whole article, the author emphasizes the importance of perfecting our probation system .