Research On Some Problems Of Probation In China

Probation, one of widely used non-imprisonment penalty, is usually enforced by special institution in foreign countries and plays an important role increasingly in criminal penalty all over the world. The probation is come into force as a combination of penalty, lenity and alteration in China. Probation is give more and more attention as a substitute way of imprisonment penalty based on the functions as follows: according with economic principle of penalty; avoiding the side-effects of imprisonment; accelerating the socialization of criminal; consisting with the trend of imprisonment penalty.Probation does not act as well as expected in China. Some probationary offenders don′t know their probationary periods when begin and end because of various reasons, let alone their rights and obligations during the periods. Moreover, some make big blunders. These violate directly the original intention of probation and are disadvantageous to educate and alter criminals and to attain the aim of common precaution and special precaution of penalty.As for me, probation mainly consists of conditions of probation, probationary period, probationary execution content and probationary consequence. In light of the defaults of probation in our judicature, the author tries expounding probationary content and probationary consequence briefly adopting the research methods of historic analysis, comparative analysis and positive analysis. At last, the author puts forward some constructive suggestion on the improvement of our probation in view of our legislation and judicature.Due to limited ability of the author, in addition to hurried time, the study on probation in this thesis is still very superficial, and the conclusion remains to be discussed too. The author earnestly expects every generous criticism from classmates and teachers, and expresses sincere thanks in the lump here.