An Empirical Research On Probation System

Probation refers to an alternative measure for penalty,aiming to criminals sentenced to detention or three years of imprisonment at the same time,meeting the requirements of comparatively less serious crime,performances of repentance,coupled with no further crimes and no significant adverse effects to living community after the declaration of probation.Its judicial application includes two aspects: the application of probation and the examination of probation.By taking the probation in Province J in recent five years as an example and analyzing big data on judicial affairs,this paper found that although the judicial application process assumes features like the increasing number of probation criminals,stable suspended probation rate,the concentration of approbation accusation,the highest rate of probation application about threating public security,and the lower rate of probation reprieve at the same time,there still exist some problems such as evident regional gap of probation judgment,the comparatively strong influence from compulsory measures,the high probation rate of embezzlement and bribery,and the low probation rate of non-local people.The reason is mainly related to the application of probation.Its several shortcomings can help explain.Aside from its relatively objective prerequisite and exclusion conditions,the rest of the content is subjective to a fault and lack of practical standards,which may ultimately mislead the judge on relevant problems,thus causing more obvious differences of the application of probation in different regions.Secondly,on the occasions of general legal regulations,the judge will find a more definite and authoritative way to serve as an aid to reduce the risk of judging.At that time,coercive measures with certainty,rationality and authority play such a role,so that the application of probation and the intensity of coercive measures are closely related with each other.Thirdly,due to unitary procedure of probation decision and excessive discretion of judge,the decision right of applying probation is always in the hands of judges,resulting in the ambiguity of the application of probation.High probation rate concerning different levels of public servants is one of the evidences.On probation,the most intuitive thing in the referee's documents is that the application rate of probation of the non-local significantly lower than that of the local,together with low frequency of the application of prohibition order.The cause of this phenomenon lies in inadequate interface of work and incomplete investigation of the contents,which leads to the neglecting of management and superficiality of probation inspection.Therefore,judges tend to avoid it by tightening the probation for the non-local and restricting the order of application prohibition.However,from the scope of application of probation,this practice is contrary to the justice and fairness of law.Based on the problems mentioned above,the paper puts forward the concrete methods to solve it from two respects of probation application and probation investigation.In more details,in the application of probation,one should clarify the connotation of the application conditions of probation,which can be categorized into “minor crime”,“performance of repentance”,“no potential risk for further crime” and “no adverse influence on living community”.Secondly,in the process of deciding whether to apply the probation,we can establish probation hearing procedures with a certain degree of legal effect given to them,so as to avoid an unitary probation decision procedure and excessive power of judges.Thirdly,we should strengthen the construction of the integrity of judges,improve their professional awareness and enhance their security guarantee,thus,they can realize the fairness and justice based on various types of the safeguard.Finally,we should continue to carry out the criminal justice policy of leniency and leniency to ensure that every case is strictly combined with it,every criminal who is sentenced to punishment should be punished for his crime.In the probation investigation process,full-time inspectors should be provided,so that they can efficiently help criminals correct their misdoings.Additionally,we should construct a multiple probation system,in which each organ can seamlessly connect in work and avoid the recurrence of misconduct;Secondly,we should perfect the probation investigation content and add the stipulation content about compensatory duty for probation personnel,at the same time,it is imperial to add the content of educational assistance to strike a balance between regulation and education.Finally,the contents of probation revocation should be refined while the provisions to eliminate minor criminal records should be added,giving juvenile criminals the maximum degree of tolerance to help them correct themselves and embrace the society again in a clean manner.