Case Analysis Of Hu Yongqiang's Probation Caused By His Plural Crimes Of Embezlement And Fraud

It is well known that probation system is widely rehabilitated offenders with minor crimes. As a criminal justice system, the probation attracted people's attention from the date of its formation. Probation has become the most used in national criminal law system over time. Recognized as a reasonable and effective punishment, in the "Mitigation of Punishment" trends of today, its in-depth study, have a more important theoretical and practical significance. Its in-depth study can rich, development, and improve probation theory theoretically, and can guide the activities of the judicial probation in practice.The legislation of probation system in our country started late, after development; in particular, after the "Criminal Law Amendment(eight)" was promulgated by the Standing Committee of National People's Congress on February 25,2011, our probation system has made significant changes. But in contrast to other countries, the probation system in China is still fallen behind, and its application is not satisfactory yet. Therefore, it is necessary to study our current system of probation based on penalty socialization, individualized, humane, economic and so spirits, and how to improve the probation, from the legislative and judicial put forward their initial ideas.The thesis consists of three parts except the introduction and the conclusion:Partâ… :Through the analysis on" Hu Yongqiang's probation caused by his plural crimes of embezzlement and fraud", the first part brings the three different views of graft placed on probation and illustrates feasibility of negative. At last, China's current probation system has shortcomings was attributed.Partâ…¡:By using the methods of history, theory with practice, the analysis method, this part introduces history, value and its limitations of the probation system, and concerns our current probation system of substantive law and procedural law of legislation into one, and at last, this part reveals the outstanding problems of objects, procedures, community corrections, probation supervision and revocation system.Partâ…¢:For the second part of our probation system problems, this part based on the actual situation in our country, learn a foreign beneficial experience, puts forward a sound proposal from conditions, objects, procedures, community corrections, probation supervision, revocation system, and juvenile probation system.