Study Of The Probation System

The traditional punishment of imprisonment ,which takes restricting the criminal's personal freedom as its basic content ,has been accepted as the core content of the system of punishment by China and even by other countries all around the world. But with the background of the opening world and because of the huge cost, unobvious effect and much side effect, many countries try their best to find an appropriate form of non-imprisonment punishment which can go along well with their own national conditions and achieve a better criminal correction effect. According to this topic, probation system has been paid more and more attention and chosen by many countries as a typical kind of non-imprisonment punishment. Probation, as a kind of important punishment system ,has been accept by most countries. In the centuries-old history from the day when it appeared, probation system has been continually improved, enriched and reformed according with the actual situation of the countries, and become a powerful weapon of fighting against crime, correcting criminal and keeping social stability. The value and functionality of it can be seen from that above. Probation ,from the sight of its legal nature, means putting people who is already announce to be guilty back in the larger environment of the community instead of getting it into the jail, correcting and bringing re-socialization the crime by supervising their society activities. Once in certain time an ideal correcting result appears, the punishment sentenced before would be cancelled. Its intention is also to correct the crime soon and return them into society, reduce the side effect of penalty deduction and at the same time reach the purpose of social defending .From that we can conclude that probation system is the view belongs to the new faction theory system which is quite typical in later history in which the criminal law science developed. Probation system has several features such as mandatory, condition attached and revocable , etc. Mandatory is suspended as a natural feature of penalty executing because penalty itself shows fierce and it is a kind of restrictions on human natural .Conditional attached can shows difference from other penalty executing systems and it is an important hand of probation system. For specific crime, only when some certain conditions attached, it can be used on probation. Only these attached conditions make probation having a series of features and advantages. Controlling attached and revocable can be seen as a powerful measure which can protect the social environment from extra threaten. Only effective supervision on the crime released back to society and rapidly canceling of the probation for whom the crime violate the conditions can get an better correction result and keep the social security. Probation system takes the relative nature theory of punishment as its logical destination and also accords to the humaneness theory of punishment. Judging from the the current trend of the development of human society, we can conclude that more and more attention on the respecting of human nature, more and more emphasis on the protection of human rights is a general direction. Implementation of probation and release the offender back to the social conditions can meet them as human's desire for freedom. This way of punishment executing reflects an strong feature of humaneness. In the days when the side effects gets more and more sights and the huge paying on executing of imprison-punishment ,more and more advantages show out. Through the specific methods and the different conditions, probation system can be divided into three kinds: sentence-delayed, executing-delayed and comprehensive way. The main difference between them is that whether judge has pronounced the certain person guilty, and sentenced an certain punishment. These three ways are all adopted by different countries into their criminal law code. China has adopted the third kind. It appears in Article 72 to 77, SectionⅤ, ChapterⅣof "CRIMINAL LAW OF THE PEOPLES REPUBLIC OF CHINA".As an important separate of our criminal-penalty system, probation has played a great role on improving and enriching it. But because of the development of the society and inadequate of the legislative activities, there are lot's of deficiencies in our probation system, such as the application standards of probation are so abstract that leading difficulties in judicial practice, etc. Address these deficiencies, we should ,on one hand, recognize our objective environment correctly and, on the other hand, use the experience of other countries and even Hong Kong ,Macao for reference. This paper, around this centre, takes the deepen recognize of the history of probation and comparing the legal practice of different countries as its foundation, put more observations on our own probation system and give out several advices on the purpose of enriching and improving it.