Probation Existing Problem And Its Solution

The probation system is an important part in the criminal law system. Meanwhile, development of the probation system conforms to the light-duty trend in today’s world. China is a populous country, it was very tremendous for the number of the offenders who are sentenced to the short-term punishment against freedom every year. Therefore, it has extremely important in practical significance and value to improve the development of China’s probation system. First, it not only overcomes the drawbacks of the short-term punishment against freedom, and realizes the function of the penalty optimally, which makes punishment more humane, but also achieves the purpose of punishment better, it conducts either punishment education for perpetrators to make offenders start with a clean slate, meanwhile, it frighten offenders and prevent criminals better by probationary period when is above sentence. Secondly, probation is an important institutional guarantee to realize socialization of penalty. As the Criminal Law Amendment of "People’s Republic of China (A)" is stated:"The criminal offenders suspended should implement community correction as the law within the probation period." That is to say, the criminal offenders suspended cannot depart from the society, and it cannot affect seriously their previous social life. Finally, the application of probation can save cost for the country. From the economic view, the execution of punishment is an economic investment. Probation conditions are not attached to the execution of sentences, reducing the costs of establishing the nation’s prisons and hiring supervisors. Thus, probation can save execution costs for the country. Our criminal law was confirmed firstly in 1979, and it has more than 30 years since then. The present criminal law adjust to the conditions of probation further. The matters observed was established in the probation period. It also improves the conditions on revocation of probation. It fully manifests the characteristic of probation system in China. However, our probation system is not still perfect, especially there are many problems in the application of probation. For example:it is different to understand probation conditions for judge, which leads to probation confusion; It is stringent for offenders under age on application conditions of probation, which leads to low rate in probation application. So, it is particularly necessary to put forward relevant countermeasures and improve the application of the probation further.This article is divided into five parts on existing problems in application of probation and improvement countermeasures. The first part is an introduction, that introduces mainly the origin, the significance, the basic ideas and methods of this study. The second part is an overview of probation, including the definition and the value of probation. The third part is the status and characteristics of the Probation in Yanji City. It summarizes the characteristics of probation by probation inspect to Yanji. The fourth part is the existing problems in the application of the probation. It analyzes mainly these problems in the part. The fifth part is the perfect countermeasure for the application of probation, namely that put forward a specific countermeasure by improving the existing problems. It is finally the conclusion. The application of probation has been an important indispensably part in the penalty. By the continuous improvement to the application of probation, it makes the application of probation more extensive, reasonable, and conform to China’s national conditions.