On The Defects And Improvement Of The System Of Probationary Suspension In China

The system of probationary suspension which is a very significant system inmodern criminal law has many important values．The laws of the countries all overthe world have provisions regarding the system of probationary suspension．Generally,the system of probationary suspension is a penal system which applies to the criminalswho have been sentenced short—time imprisonment and according to thecircumstances of crime and repenting performance they are believed to have nodanger of committing more crimes with the original judgment in suspension．Underthe circumstance,a test period shall be prescribed during which if no violations of thelaws and regulations are committed,the original judgment will be no longer executed．in general,the common law system and the civil law system apply to different typesof probationary suspension,the former mainly applies to suspension of sentence whilethe latter primarily applies to suspension of execution．The system of probationarysuspension in china started rather late with a relatively lagging development,themajority of contents were introduced from the provisions of the civil law system withrespect to the system of probationary suspension．Therefore,many problems areexposed in judicial practice．This paper aims to analyze the current situation,thedefects and improvement together with the origin and the values of the system ofprobationary suspension．Besides,this paper also divides the system of probationarysuspension into different types to give a clearer explanation．The structure of thispaper is as follows:Part One:overview of the system of probationary suspension．This part isconcerned with the origin,development and values of the system of probationarysuspension．It is believed that the system of probationary suspension emerged inAmerica and an American shoemaker John August played a vital role on theestablishment of modern system of probationary suspension．Eventually．the firstprobation law in the world was enacted in Boston in 1870．For the civil law system,Bolongue,who was a French made an outstanding contribution to the establishment ofthe system of probationary suspension．The values of the system of probationary suspension mainly include that it can not only overcome the disadvantages ofshort—term imprisonment but also accords humanitarian spirit and principles ofpenalty individualization and economic penalties．Part Two:the types of the system of probationary suspension．The system ofprobationary suspension has diverse types,the common—law system countriesgenerally adopt the system of suspension of sentence,while the civil-law systemcountries mainly adopt the system of suspension of execution,there are othercountries adopting integrated system of probationary suspension which is actuallybased on the suspension of sentence and suspension of execution supplemented byother ways of sanction．Each type of the system of probationary suspension has itsown advantages,therefore,we should learn from them during the improvement of thesystem of probationary suspension．Part Three:the current situation,defects and improvement of the system ofprobationary suspension in China．This part which is the key and core part of thepaper analyzes the current situation of the system of probationary suspension．indicates the disadvantages and puts forward the relevant suggestions to avoid thedisadvantages．Specifically,the system of probationary suspension in China has thefollowing disadvantages:in the applicable condition,the applied scope the system ofprobationary suspension in China is narrow without inclusion of fine penalty．Theprovisions regarding the circumstance ofcrime,repentingperformance and no dangerof more crimes are tOO vague to identify．In the inspection system,it is not reasonablethat the security organ is set for inspection institution and the contents for inspectionare prescribed unscientifically without sufficient protection of the minors．...