The Probation System Studying And Perfection

As a kind of penalty system, probation was originated from the west. Probation system was introduced into China at the end of the Qing Dynasty. It was laid on the foundation of practice and consulting the probation system of other countries. Comparing with the probation system of other countries, Chinese probation system is scientific and reasonable, but it still has some disadvantages .The thesis makes a comprehensive study on the concept and history of probation system, the defect andimprovement of the legislative and judicatory matter.There are four chapters in this thesis. Chapter â…  :firstly, the comment on concepts of the probation system by jurisconsults of home and abroad is reviewed, then the author sums up and concludes the types of the probation systems all of the world, finally, the author generalizes the probation system by means of review and analysis of the history and character of this law. Character â…¡ further analyses the probation system and mainly concludes the conditions of it----including the formal ,the substantial and the exclusive requirements of probation . Chapter â…¢ focuses on the applicability of the probation system, by means of analyzing the case of lawmaking and concluding the survey systems and the effects of probationary period of the probation application system. Chapter â…£ is the main part of the thesis. It gives some suggestion on the improvement of Chinese probation system afteranalyzing the existed system. In this part, the author analyzes the shortcomings of the probation system set up by the existed Criminal Law from the respects of legislature, judicatory and executing. In the respect of legislature, the author considers that the existed system of probation lacks the special attention and protection for the adolescent, the conditions qualified for probation is not clear and detailed. Thus the author suggests extending the probation application for the adolescent, setting up the system of the earnest money for the adolescent, improve the conditions qualification for probation and setting up the system to censor the probationer's personality. In the respect of judicatory, the author considers that the process of determining probation lacks supervising and monitoring. Then the author suggests granting the probation requirement right to the law officer and introducing the hearing system into the system of probation. In the respect of executing, the author believes that the organization which is now qualifying the probation is not suitable for the future development of the probation. Then the author suggests transform the qualifying right of probation to the judiciary administration, adding more details in the process of qualifying and adding necessary rules for helping and protecting the right of probationer in order to improve the efficiency and maximize the social functions of the system of probation.