On The Defect And Completion In System Of Probationary Suspension In Our Country

Probationary suspension, as a criminal justice system, occupies a very important position in the field of criminal law, reflects the rules of socialization, individualization, humanity and economical efficiency of the penalty, and in line with the basic developing trend of penalties, and it has become a widely adopted system of penalty around the world. After decades of development in theory and practice, China's probationary suspension system has been more mature. The application of probationary suspension in China's judicial practice is increased in proportion, with the applicable scope of criminal nature expanded, and the offenders applied probationary suspension have a low rate of re-offending. But we also need to see the problems of probationary suspension system existing in the system construction and justice practice. This paper makes an in-depth analysis on the generation, development and the status quo of the probationary suspension system, its meaning and significance, the status quo of the probationary suspension system in China system and the existing shortcomings, and then puts forward some sound proposals for the completion of the system of probationary suspension in China. The full text consists of three parts except the introduction and conclusions.The introduction discusses generally about the generation of the probationary suspension system, and a brief state of our probationary suspension system, points out some defects which requires further improvement.The first part discusses the development and value of probationary suspension system. It begins with the introduction to the generation, development and the status quo of the system of probationary suspension. It introduces the historical background and social conditions for the generation of probationary suspension system, analyzes the continuous development of history and power of it in hundred years from the beginning. Because the probationary suspension still retains the possibility of the implementation of the penalty verdict while avoiding the shortcomings of the sentence of imprisonment, it has greater advantages over the general non-custodial sentences, which makes it stressful and powerful to complete the task of transformation consciously in the choices of the freedom of will.Second, it is the analysis of the connotation and value of probationary suspension system, which is a penal system that sentences some punishment to those people who have implemented a number of minor acts endangering the social order, at the same time, limit them to comply with certain obligations in a certain period of time in order to educate and reclaim them, and inform them of the consequences of their violating to obligation. The probationary suspension system in general sense means the system of slow implementation. The meaning of the probationary suspension lies in, first, avoiding the drawbacks of short-term free sentence, reducing the cross-infection between the offenders, but not isolating the offender from the society, which will help offenders return to society; second, maintaining the dignity of the offenders and make them to feel the warmth and tolerance of society, which promotes them to be inclined to goodness self-consciously and avoids them to returning to crime, awakening their conscious respect for the country, society and laws; third, in line with economic principles of penalty, a sentence of imprisonment needs the state to pay a large economic costs, while comparatively speaking, probationary suspension spends much less fees on the education and reform to criminals, which would reduce the burden on the State; fourth, in line with the direction of development of human punishment. The probationary suspension is in line with development of penalty system is the world which is developing in the direction of mitigation and humanity.The second part begins with a detailed introduction to the status quo of the system of probationary suspension in China, which is a system of slow implementation. The author believes that such probationary suspension system is more in line with China's social conditions after the comparison between the probationary suspension system of slow declaration and it. Our probationary suspension system presents some characteristics in practice, such as that the proportion of application to probationary suspension is at an upward trend in the broader scope of application, which is relatively concentrated in charges such as the theft, intentional injury, traffic accident, and corruption and bribery, and the probationary suspension of job-related crimes occupies for a higher proportion. It is non-uniform in the applied standards of probationary suspension at different times, in different regions, and even between different judges.Combined with the status quo of the application of probationary suspension in practice, the author analyzes some shortcomings in China's probationary suspension system. Firstly, there are some defects in the conditions of application of probationary suspension, the regulation that does no longer do harm to society does not meet the criterion of practice, unable to be determined. There is no specific examination method for the provision that According to The circumstances of the crime and repent performance of the criminals which makes it not applicable for the judge, or a random arbitrary abuse. The law being specific will give the judge freedom of discretion, which will lead to the non-uniform application of the law, and even lead to the occurrence of corruption. Secondly, the guiding ideology applied to probationary suspension has not yet been carried out comprehensively, and heavy penalty is still dominating many judges, so the probationary suspension systems have fails to work in-depth. In practice, many judges will regard probationary suspension as a favor for some offenders, and place themselves in the giver's position. Thirdly, the law fails to give lenient on the application of probationary suspension to the juvenile offenders, female offenders, older offenders, as a special group. Fourthly, it lacks of specific provisions on the implementation of the supervision of those offenders of probationary suspension. There aren't enough specific provisions of the normative system on the implementation, the extent of implementation, measures and modes of investigation to the criminals of probationary suspension, which leads to lots of problems in the investigation and supervision of probationary suspension.In the third part, the author puts forward some suggestions against the defects in our probationary suspension system: Firstly, to improve the application specifications of probationary suspension, specify the legal conditions applicable to probationary suspension, to make it dovetail with the practice. Secondly, to improve the investigation system applicable to probationary suspension, and the author recommends establishing investigation system on personality, personality surveys should be carried out before the verdict, in order to ensure the accuracy, appropriateness of probationary suspension, and make it more scientific and accurate of the recidivism prediction. Thirdly, to improve the hearing procedure that is applicable to probationary suspension. Setting up hearing procedures can enhance the transparency and openness of the application of probationary suspension, so that the parties and the community can see how the probationary suspension are applied to offenders, thereby reducing unnecessary speculation and establishing a belief in the law. The writer suggests that the hearing procedures of probationary suspension adopting to a complete deciding system of the People's Jury, that the hearing discussion group consisting of five or seven randomly selected residents of all social segments from where non-offenders live applies to the issue of the applicability of offender's probationary suspension. Fourthly, to improve the supervision and investigation on the probationary suspension, which should make it clear of the subject, carry out responsibilities, with a clear content and overall oversight. Fifth, the supervision and investigation on the probationary suspension are fully integrated with community correction, which makes persons applied to probationary suspension not only to accept supervision, but also receive education and transform.