Our Probation System Defects And Improve Vision

Probation has many advantages, which can avoid faults of short imprisonment, benefit to the criminals' returning society and save cost of society. Probation has a good effect on the common anticrime and special anticrime. It's widely applied in the world and has rescued a lot of criminals. However, due to the faults of legislation, judicature and execution, the Chinese probation system is confined in the range of application and the rate of application. So it's necessary to perfect the probation system in China.In this thesis, the author first gives a detailed introduction on the situation of the Chinese probation system at present, and then analyzes the defect in the sight of legislation, judicatory practice and execution. At the same time, referring the legislation in other countries and basing on the factual condition of China, the author conceives some meager but brave plans to perfect the Chinese probation system. The essay consists of two parts in addition to the preface and conclusion, approximately 42,000 words.Part one points out the defect of the Chinese probation system and analyzes its reason simply. Superficially, the Chinese criminal law stipulates too simply and generally about probation that cause the rate of application of the probation to be low. In the judicial practice, it is difficult to operate. Profoundly, the probation in our country has the following flaw. First, faults in legislation includes that concreted conditions of applying the probation are unitary, the penalty type condition and prison term condition are unreasonable, the indication of substantive condition is inaccurate, elimination condition is unscientific, and the underage perpetrator's special protection is absent. Second, in the judicature, judges apply too much probationary suspension to state personnel, and apply much probation in pursue of fine punishment. The probation lacks effective legal supervision, procedural stipulation and limitation of judge's power. Third, the probation lacks the special organization to inspect the probationer and remedial action. In addition, the probation's inspection time is unable to lengthen or the reduction. Moreover, the probation has not formed the level and lacks the corresponding processing measure regarding the general illegal activities. It does not have cancellation procedure. To abolish it or not lies in the single opinion and lacks the inspection standard,Part two in view of the above question, the author profits from the overseas legislation to propose the perfecting conception. First, we should clarify the form conditions and Substantive conditions, support the probationary suspension of fine, make the elimination conditions science and amend the relevant statutes to clearly define the special protection of the juvenile offender and so on. Second, we should construct inspection system of probation to adapt to the modern society and establish perfect probation.