Empirical Analysis On The Application Of Probation System

Probation is suspended or punishment. Because it has the possibility to preserve rather than execute immediately, probation has been widely recognized and welcomed around the world. In the 19th century, the western world established probation in the law system gradually. Penal code of our country stipulates clearly the probation system, which has undoubtedly created positive social effects in the application, but its defects and limitations in the judicial practice are projecting. As judge, the author should reflect and find out the way to improve our country’s probation. In this paper, the author investigates the application of probation in Lishui city court, Zhejiang province, analyze carefully on the related data, and illustrate the present status of probation system applicable in the judicial practice, the problems and pitfalls on this sample, put forward the judge handling the case of some ideas and countermeasures by consideration, to hope to be able to maximize the value of the probation system.This paper is divided into three parts:The first part focuses on the application of probation in Lishui city court. This part starts from the general theory to interpret the probation system of our country, and with the perspective of empirical view, analyze the collected data to find out the situation of probation application in our country based on the summary and analysis of survey data. From four aspects such as the overall situation, the different charges, age structure and household structure, this part illustrate the whole situation of Lishui court probation applies in a objective and comprehensive way.The second part focuses on the problem and reason during the application of probation in Lishui court. Those main problems as follows:one is the imbalance in the practice of court probation apply situation; another one is the judge for probation is not active. The reasons for those problems above including:firstly the judge for guiding the criminal policy of probation does not understand appropriately; secondly, the judge can not reach agreement on the condition for application; thirdly probation applicable program design is not reasonable.The third part aims to solve problems and countermeasures. In the front-line judge’s shoes, this part put forward some methods and measures, which are applicable in the judicial practice, in order to improve the probation system by following four steps: Firstly, On crime and the defendant composition, to enlarge the application on multiple crimes, control the application on embezzlement, bribery case, expand external cadastral probation applicable rate of the defendant and carry out the same treatment, to embody the criminal policy of combining. Secondly, on probation applicable conditions, refinement of probation for each specific condition, relatively unify probation applicable standards, as the judges apply probation reference. Thirdly, on probation applicable procedures, improve the probation for internal working procedures, careful apply the pretrial detention coercive measures, clear up the social survey before trial, update the probation for internal and external mechanism of conditionality to guarantee that the process is smooth; Fourthly,on probation legislation, improve the applicable way to probation, integrate slow of probation system, complete the legal effect and social effect of probation system execution to realize the fairness and justice of the law.