A Study On The System Of Suspension Of Sentence In Our Country

The system of suspension of sentence as the penalty system of gathering acculturation, individuation and humaneness matches the basic trend of penalty development and the current of human civilization progress. As a result, it will occupy the important position in our execution of punishment sooner or later. The system of suspension of sentence in our country has some defects compared with developed country. We should study on it to ask for reference from the theories results that there have been and to absorb the advanced experience in the world in order to contribute to theory and practice. The whole thesis consists of four chapters. The first chapter discusses the origin and historical development of the probation system. This part provides us the origin and types of foreign countries, especially introduces concrete conditions of Britain, U.S.A. and France. It summarizes three types of suspension of sentence: suspension of pronouncement of condemnation, suspension of execution and not carrying out the penal in remaining. At the same time with law, explain and regulation in Chinese history that include probation system contents it discusses emergence and development in our country. It pointes out the current criminal law about testing system made more specific and deleted the regulation applied to probation to the crime of counterrevolution and reduced standards of revoking probation, so it has been marched towards one step even more to the scientific process. The legal nature and value of probation is introduced in second chapter. This part overviews the different standpoints in an academic circle and denies one by one. Probation chooses certain way that penalty is carried out: to execute summarily, to postpone carrying out, or not to carry out; the probation takes place at the stage of weigh sentences, but its point is execution; the period of probation test expires not carrying out the original sentence, which is also a kind of execution. Therefore, we can draw a conclusion that the probation system is a part of criminal punishment enforces. The most important value of probation is that it can dispel drawbacks of short-term punishment against freedom. Because probation can reduce the chance that criminals infect each other; it can really reform criminals through preventing them from giving themselves up; it can promote the criminal's socialization again. In addition, it accords with economic principle of penalty and theory of humanitarian punishment. The third chapter discusses comparison of the foreign system of suspension. This part discusses three contents according to the foreign example and Chinese actual circumstances. As a result, it points out the defects of probation system in our country. First, this part discusses observing organ and observing contents. Public security organ is still the most suitable observing organ. Because public security official system inner part has not specialized organization and person to responsible for observing; the work unit to which any criminal belongs or grass-roots organization of criminal don't know how to cooperate, so probation becomes formalistic mostly in our country. The provisions of observation are too abstract that don't reflect the nature of penalty; observation of probation is still around the low level and hasn't positive leading help; the work unit or grass-roots organization can't cooperate. In conclusion, we must construct observation contents. Second, it focuses on revoking probation. Two articles are unreasonable: one is during the probation period for suspension of sentence, a criminal whose sentence is suspended commits a crime again or it is discovered that before the judgment is pronounced, he has committed another crime for which he is not sentenced, the suspension shall be revoked; the other is any criminal whose sentence is suspended is revoked because seriously violates laws, administrative rules and regulations or regulations relating to supervision. This part emphasizes that the procedure of revoking probation is lack of provisions of protecting criminal's legal rights. Finally, it discusses special protection for young offender. It is necessary that make different provisions in conditions, observation and result for them according with development trend of the world. The forth chapter discusses the conception of improving the probation system in our country. On the basis of last part, this part puts forwards some measures in three respects. First, it focuses on improvement of the observing organ and observing contents of the probation system. It suggests that we should establish special organ. We must allocate person to responsible for observation whose obligation is clearly defined. Obligations include providing advice of probation before court decision, coaching and helping...