Discussion On The Present Situation And Perfection Of Probation System

Probation is one of the penalty systems which universal suitable for various countries, its play the vital role in the aspect of prevention of crime, rectifies the criminal, to promote the criminal socialization. The academic circle pay great attention on the system of probation since it's established, and the theory of this system has been research thorough and comprehensive. Seeing from the view of judicial practice, the judicial office have being influence by the light criminal penalty idea, and the Judicial office had realized that probation can make up the malpractice that the punishment against freedom system which carries out, and can save the precious judicial resources in certain extent, thus the judicial office begin to increase the probation which using in reality. But, when we compares with western countries which have well developed system of probation, our country's system of probation is not optimistic,mainly reflects on these aspect: imperfect probation legislation, the probation applicable rate is low, regional imbalance between applicable conditions, broad-brush approach in practice aspect ,which has not really achieve the purpose of education and reclamation, the social effect are not good. However, the system of probation is appealing, various countries positively are consummating it, our country summarize many years experience, also has released some judicial interpretations, and in February 25, 2011 enact the amendmentâ…§, this amendment enlarge the condition of probation, inspection system, and its procedure, for instance add a clause that 18 year-old people, the pregnant woman and 75 year-old people if they have reach the condition, they must apply to the probation system, This clause exemplification law to forgive the minors, pregnant women and the old, which shows the principle of humanitarianism of punishment, and the light of criminal policy. At the same time, this amendment includes community reclamation which means the community reclamation will play more and more vital role in judicial practice. Based on the introduction of the system of probation, the author analyze the clause of probation in the amendmentâ…§, we can find out the shortage in our country, then we can proposed several points which needed to be improved. Regarding the above question, this article has used several methods such as comparison analytic method, deductive method of reasoning, induction analytic method, in order to elaborate on above questions; this article divides into four parts:The first part: briefly introduced the origin and the development of probation system both in overseas and domestic, according to the different legal consequences of probation, list the type of probation and elaborated its legal nature.The second part: Mainly elaborated on our country's present situation from two aspects which are the suitable condition of probation system and the inspection system of probation, based on the existing suitable conditions, combining with the amendmentâ…§which analyze the form condition of probation ,the substance condition of probation, the exclude condition; In the aspect of inspection system, I appraise the original inspection content, and proposed that the community reclamation has enormously enrich our country's inspection content of probation.The third part: the mainly content of this chapter is the cancellation of probation and its legal consequences, in favor of the operation of judicial practice, the article define three elements of cancellation. The article point out the issues which remaining existing in cancellation of probation, namely the nature of cancellation procedure is not clear which unfit the idea of modern lawsuit pattern, in order to guarantee fair procedure and result, the article propose the criminal law should entrust more rights to the probationer. There are two points about legal consequence of probation, the first point is after being exercise probation the original crime is eliminate, the second is sentenced punishment is eliminate. But the record of the guilt is remaining, I discuss about two points and prefer the second viewpoint, but I think the juvenile prisoner should be excluding.The forth part, based on the summary of above parts, this chapter propose several suggestions, for instance, establish fine probation system, add regulation on the burden of probation, improve and perfect the regulation about the instruction of probation, as well as prolong the inspection period of probation. The last part of this article is the conclusion. From the summary of this article, in order to make the probation yield well, the author proposes the necessity to improve our country's probation system.