Study Of The Probation System

The system of probationary suspension originates from the western countries. Along with the development of the society, the purpose of the criminal penalty is no longer the retaliation to the criminals after the events, but it is to take the precautionary measures to the criminals. The theoretical reformation of knowing the purpose of criminal penalty provides the theoretical basis for generation and development of the modern system of probationary suspension. The probation is not only the substituted measures of the short-term free punishment, but also the important methods to carry out and realize the criminal penalty.This article starts with introducing and developing of the system of probationary suspension of our country, analyzes and demonstrates the rationality and existed problems of the applicable conditions of probation stipulated in the criminal law from different angles. Combined with the legislative and judicial practice of our country, the article separately elaborates the premise conditions, substantive conditions and preclusive conditions applicable for the probation. In the light of insufficient provisions of the criminal law for the above-mentioned, the article raises writer's suggestion on the legislation so as to accurately hold the application of probation in the judicial practice.In the present of the judicial practice, most criminals who are applicable for the probation are just reprieved without any result. The supervision, management, and inspection for the criminals on probation exist in name only, so it is hard to get the purpose of probation. On the one hand, it is related with the incompetent supervision and management of thedepartments in charge, on the other hand, it is related with the distempered inspection system of probationary suspension of our country. In the part of performance and change of the probation, the writer gives the sufficient exposition in the aspects of inspected subject of probation, rights and obligations of the inspected subject, and the content, style and method of the inspection, etc. Moreover, combined with the actuality of our country, the article gives the opinions of the writer so that the supervision and management for the criminals on probation shall be put into execution in our country, thus the value of the probation in the criminal punishment shall be achieved.At last, combining the problems existed in the provisions of the system of probationary suspension in the criminal law of our country, the writer suggests on establishing a forecast mechanism of repeat offence for the criminals on probation, and suggests on adding formal requisites applicable for the probation to perfect the system of probationary suspension of our country.