Criticism And Reconstruction - Thoughts On The Probation System In China

As a kind of non-institutional treatment, the system of probationary suspension has many advantages. It can avoid faults of short imprisonment, benefit to criminal's returning society and save costs of society. The system of probationary suspension has good effects on both the common anticrime and the special anticrime. It's applied widely in the world and has rescued a lot of criminals. But because of faults of legislation and judicature, the system of probationary suspension in China is confined in the range of application, the rate of application and the succeeded rate of application. It's badly in need of perfecting the system of probationary suspension in China. The base of perfecting the system of probationary suspension in China is to observe it carefully and find out its faults. Under the comprehensive guidance of theories of Sociology and law science, the dissertation, adopting the research methods of historic analysis, comparative' analysis and positive analysis, and basing on the research of the system of probationary suspension, the author in this essay points out faults of the current system of probationary suspension in China in legislation and judicature, and basing on the factual condition of China, the author conceives some meager but brave plans to perfect the system of probationary suspension in China. The essay consists of three parts in addition to the preface and conclusion.Part one introduces concisely the origin and development of the system of probation suspension, the classification of the system of probationary suspension, the value of the system of probationary suspension, the basic theories of the system of probationary suspension, the context of the system of probationary suspension and the trend of the system of probationary suspension. This part almost covers all aspects of the system of probationary suspension, whichis the base of next two parts.Part two analyzes the current system of probationary suspension in China, and points out faults of the current system of probationary suspension in legislation and judicature. Faults in legislation include concreted conditions of applying the system of probationary suspension are undue and too abstract, absent of surroundings'provisions, absent of scientific probation system absent of encouraging system , and so on. Faults of judicature includes the applying of system not equal, applying too much probationary suspension to state personnel, limiting criminals' rights and so on. This part draws forth that it's urge for China to perfect the current system of probationary suspension.Part three expounds and proves that adult and minor offenders should be applied different systems of probationary suspension. After passing the duration of probationary suspension, the judgment to adult offender is still valid, but the judgment to minor offender is void. And then, basing on the condition of China and drawing lessons from other countries, the author designs these two systems of probationary suspension in China detail. At the same time, the author puts forward that the system of probationary suspension of fine should be used in China, and designs a scientific probationary system for China. At last, the author provides some ways to perfect the judicature of the system of probationary suspension in China.