China's Probation System Study

It is widely used by most of the country in the world on criminal legislation for probation, which is more better than short-term free penalty provided that it is a combination of penalty and lenity to criminals at the basis of punishment. Probation is a penalty system, which means that if a criminal who is sentenced do not commit a crime in a definite period, i.e. according with some condition, he or she can set free from prison. Its characteristic is that the penalty is suspending not terminating at the same time of adjudgment, so it is still possible to resume.The suspending penalty is ended forever after a definite period of time if the criminal is under some condition, or it is resume again. This article introduce some of origions, concept, values of the probation system in our country through the comparative methods, which includes the condition for probation's use. the nature of probation, the supervision on probation, the repealling of probation, the force adeffect and its aftereffect etc., Considering that other country's criminal legislation and the author's discover in her judicial practice. From the humanistic view of its point, the author analyse the shortcoming and disadvantage of our country and give a suggestion of setting up a 《the Probation Law》 to explore how to perfect our probation system.