The Probation In View Of The Socialization Of Punishment

Nowadays, socialization of punishment is the development trend of world punishment system, which has a rich meaning. As an important way, Probation is reletive to socialization of punishment. Probation can promote the achievement of socialization of punishment, and the value of Probation is the same as socialization of punishment. However, Probation in China is still in conflict with socialization of punishment in legislation, application and execution. The conflicts in legislation mainly exist as follows: the type is too single ; the condition of application is irrational; the period of test lacks flexibility; the content of test is unilateral and the cancellation has its defects. The low application rate and the great difference in application reflect the conflicts in application. Besides, invalid execution and neglect of help and education to young probationer reflect the conflicts in execution. Based on Chinese reality, by analyzing the reason and drawing lessons from the other countries, we should improve the Probation as follows: on the one hand, on the aspect of legislation, adding the type of probation ; clarifying the condition of application; enriching the content of test; perfecting the cancellation. On the other hand, on the aspect of application, setting up the concept of modern punishment; unifying the standard of application, establishing the procedure of hearing; perfecting the investigation of probation; correcting the wrong conception in society. Besides, on the aspect of execution, perfecting the investigation to probationer ; enhancing the supervisition of execution; paying attention to education and so on. Through the above measures, Chinese Probation will be improved, which will conform to socialization of punishment.