Research On The Perfection Of Probation System In China From The Perspective Of The Socialization Of Execution Punishment

Along with the progress of human civilization to the modern judicial reform,the influence of the socialization of execution punishment has become one of the main trend in today’s penalty change.Probation system,as an important realization form of the socialization theory,to achieve the goal of the socialization theory is of great significance.However,probation system in China and the socialization of execution punishment theory conflict in some ways In this paper,the socialization of execution punishment theory and the conflict of probation system in our country exists,analysis problem of probation system in our country,including the probation type single;The essence of the applicable probation conditions are not clear;The probation period is not flexible;Probation obligations set the lack of pertinence,not set corresponding compensatory obligation and penal obligations;Probation professional executive main body is not high;Probation is no guarantee that the related lawsuit main body and the participation of social public problems.Through the probation system and the socialization of execution punishment theory to the analysis of the cause of the conflict,in combination with the practical situation of our country,from the probation system of legislative level and the application of the probation system and implementation aspects put forward concrete.Suggestions to perfect the probation system in China: from the type of legislation on probation;Clear the essence of the applicable probation conditions in our country and the specific situation;Set the probation period shorten or extend the conditions;In our probation obligations set complementary and penal obligations;In terms of probation application and implementation,to correct the social public awareness of probation system error;To set up the probation hearing procedure,ensure the related lawsuit main body and the social public participation;Set probation,an executive with relevant professional knowledge,introduce the implementation of all social forces to participate in the probation.Through the above Suggestions,improve our probation system,make the probation system consistent with the socialization of execution punishment theory,play a proper role of probation system.