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On The System Of Probation In China

Posted on:2007-07-25Degree:MasterType:Thesis
Country:ChinaCandidate:S HuFull Text:PDF
GTID:2166360185965593Subject:Criminal Law
Abstract/Summary:PDF Full Text Request
The system of probationary suspension is an important part of modern criminal polices, which is a popular system of executing penalty that has been adopted worldwide. The system has several advantages including helping criminals'resolicalization and saving governments' spending in this matter, compared with the short-term imprisonment. It plays a significant role in both precautions and special precautions. As a form of humanism executing penalty, probation obeys by the economics of executing penalty, and the principle of socialization.Due to the effect of tradition, there are still deficiencies in the system of probationary suspension in both making it become a law and implementing it as a law, these deficiencies reduce the significance of probation.In this thesis, after applying the theories of sociology and law, adopting the case analysis, and comparison analysis as well as combined with the author's work experience, the author points out the deficiencies of making law and implementing law with respect to the system of probationary suspension,and makes several suggestions which aim at improving it further and to avoid these deficiencies. The paper accepts the introduction part consists of parts, which are described briefly as follows.Part One. This chapter analyzes the current status, and the suitability of the current probation and point out that there are numerical deficiencies of the system of probationary suspension in terms of making it become a law and implementing it as a law. We think it is not only urgent but also necessary to improve the system of probationary suspension the further in our country.Part two. This chapter surveys the origin, the development of the system of probationary suspension. In order to show the current step and development require of probationary suspension. In this part, it demonstrates the type, the value of probationary suspension and relocated the probationary suspension in penalty system.Part three. Combined with the rationality of the applicable conditions, its purpose requirement and legal consequence, demonstrate the defect in legislation and judicial practice.Part four. This chapter raises writer's suggestion on legislation of probationary suspension, so as to accurately hold the application in the judicial practice. This part starts from the perfecting of applicable condition, elaborate the premise conditions,...
Keywords/Search Tags:system of probationary suspension, applicable condition, present situation, perfecting
PDF Full Text Request
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