Studying On Certain Questions About The Probation System

Along with society's progress, the idea about the humanity and rationalization of the penalty is prevailing day after day, the idea that the penalty should take to education insdead of punishment is more and more accepted by the people, the probation are blooming among the penalty systems, and it has displayed positive significance in reality. The probation can avoid disadvantages of short-term imprison and protect the country and people's law benefits well. So studying the probation system can not only promote the development of the probation itself, but also promote the consummation of the penalty. For the consummation of the probation legislation of our country, the promotion of the socialization of execution, improving the suitable rate of the probation ,and finally reaching the goal of saving criminals, this paper studied several important problems, which included the historial origin of the probation, the basis of the theory of the probation, the function of the probation, the nature of the probation, the type of the probation, the suitable system of the probation, and the probation inspection system. Comparative analysis method was used to compare the probation system of some representative countries, and some advantages and disadvantages of each system were deduced, the value of the systems was evaluated, some good conclusions were obtained. On the basis of these, the paper suggested that we should learn from successful experiences of other countries, and perfect our country's probation system in legislation and in procedure. These conclusions and suggestions include that: probation is a penalty judgement system and a executive system of penalty, the kind of the probation should diversify, and we should use corresponding probation according to different objects, the way of constructing the probation of the fine penalty, the way of perfecting suitable essential conditions of the probation, the way of setting up suitable program of the probation and perfecting probation inspection system.