Concerning The Improvement Of The System Of Juvenile Probation

The probation system is a penal execution system with the whole of humanism、mitigation、individuation and socialization, accompanied by socialized execution. It was bornand improved in Common law countries and Civil law countries. Actually, their probationsystem is quite perfect, especially in Minors probation system. Chinese criminal law alsonames probation system. But because of the rigid rules of the applicable condition ofprobation、the type of probation、the supervision and inspection of probation and therevocation of probation, the result of the judicial practice of probation is not very satisfactory.This problem draws the legislature and academia’s attention and is committed to improve theprobation system. Recently, in the Criminal Law Amendment (Eight), the probation systemhas made major modifications, which also involves the problem of the minor’s probation.The improvement of the probation system can’t be done overnight, but a gradual process.As this amendment doesn’t pay more attention to the minor’s suspended and sets it with adultprobation. From this point, we can see that it doesn’t take the minor’s special crimecharacteristics and personality characteristics into account. To adult and minor, the criminalmotive、subjective vicious and the harmful to society are quite difficult. In our uncompletedtransformation society, the minors face more and more temptation, so the number of juveniledelinquency becomes higher and higher. At the same time, according to our actual situation,more and more Chinese children in rural areas are left at home, so it will lead the chronicillness of juvenile delinquency in china as well as in the world. About this problem, we shouldprevent actively in advance and correct them effectively afterwards. In view of Chinese nationconditions and problems that exist in the minors’ probation, the using of minors’ suspended isnecessary. Furthermore, it is consistent with the international trend of social execution and thepolicy of minors’ education、persuasion and save.This paper is divided into three parts to discuss the Minors’ Probation System. Part Ⅰ: the status of our Probation System. According to the latest Criminal law amendment, Iwill give you a detailed explanation. This part mainly introduces the amendment (Eight)’simprovement in probation system, such as the situation of minors’ probation; eliminating thecriminal record of minors’ offenses and detailing the implementation of probation. Meanwhile,we will combine the insufficient of amending to care about the problems of minors’ probation.Part Ⅱ: The feasibility of minors’ probation. Minors’ probation system is more humanity thanthe current probation system. So there is a problem that if people can accept this concept or ifit can be put into practice. In this part, three reasons will be given to demonstrate theprobability of minors’ probation: the thought of loving young people from ancient time、thecriminal policy of mitigating to minors and the trend of socialized execution.Part Ⅲ: The idea of improving minors’ probation system. Combined the specific problems inminors’ probation system and the problems in application, I will learn from foreign legislativeexperience and give my advice.