Researches On Issues And Strategies Of Probation Execution In China

This article uses a lot of techniques such as historical analysis, comparative analysis and empirical analysis, to do the research of the development course about the probation execution system and the evolution process as well as the actual state of the probation execution. The key point is to point out the abuses of the probation execution system, such as the problems of the real contradiction of the probation execution subject, the friable convergence of the execution delivery, the indistinct content and poor supervision of the probation execution work, and the general standard of the rescission of the probation. Through the establishment, test program and spread of the community correction, the probation execution has been clearly brought in the area of community correction. However, due to the vacancy of the legislation, the loss of the executive body, such as these courses, which made those above problems remain unsolved. This article in accordance with these existing problems, which compared and analyzed the probation execution system in and abroad, then focus on the executive body, contents and the rescission of the probation in those countries such as America, British, Germany and Japanese. The reform of our probation execution system should reference the successful way of American's"probation official"system, Germany's"indemnificatory duty burden"and Japanese"certainly rescind and possibly rescind"probation rescission system. Through a long time practice of community correction, our probation execution system has formed a preliminary pattern and obtained certain results. For this reason, we can conclude that community correction is the best choice for the pattern of the probation execution, which should been made a deep discussion and continue to use. In the meanwhile, we should further improve our probation execution system through propelling the legislative correction of the community, establishing the community correction organization, set up the probation official system, and clarify the execution contents and rescission system of the probation.