A Research On The Probation System

Probation system is one of our country's basic penal systems. According to the Article 72 and Article 449 of China's current Criminal Code, probation can be classified into general probation and wartime probation (special probation). General probation means that a suspension of sentence may be granted to a criminal sentenced to criminal detention or to fixed-term imprisonment of not more than three years if, according to the circumstances of his crime and his demonstration of repentance, it is certain that suspension of the sentence will not result in further harm to society. Wartime probation means that during the wartime, criminal servicemen sentenced to fixed-term imprisonment of not more than three years if, are allowed to make contributions with crime and do make contributions; thus the original sentence can be revoked and the servicemen are not sentenced to be crime. We only study the general probation in the thesis, without involving wartime probation. According to the different applicable objects, the general probation system can be classified into adult probation and minor probation system. As minors are a special group, minor probation system should also reflect its uniqueness. Therefore, Probation system includes enormous content. For deeper study, the paper is only on adult probation system rather than on minor probation system.Probation system is a legal system welcomed by the world today. For its late starting and various problems in practice, China's probation system limits the functions of probation. Therefore, to study China's probation system, to find out the existent problems and to improve it is of great significance in quickening the process of China's law. The thesis includes five parts: The first part is about the basic knowledge of probation and probation system. The second part is about the production, the development of home and abroad probation system and the reasons for China's acceptance. The third part analyzes the theoretical foundation and value of probation system. The fourth part presents the reflection on the problems of our country's probation system. The fifth part is about the improvement of China's probation system.From the research materials at home and abroad on the probation system, the understanding and classification of the concepts of probation and probation system is not clear, even their distinction is confused. Based on this situation, the author presents the concepts of probation and probation system and makes a clear distinction of them. There are great differences in the argument of the nature of probation in academia. Through the analysis of the controversial viewpoint, the author puts forward his view that the nature of probation is a kind of commitment of the criminal responsibility in essence. The existence and development of the probation system have a profound theoretical basis and value of effectiveness. There are specific historical reasons and real reasons for China's introduction of probation system and its effectiveness in the current legal system. In contrast to the developed countries, the application of China's probation system is not sufficient and the practical effects are not ideal. The reasons for this phenomenon are that the problems appear in practical application, inspection and repeal are the main reasons besides the imperfect legislation of probation system. Insufficient support to the theoretical basis of probation system, the public's old and stick thoughts to criminal penalty, the understanding and implementing deviation of the criminal justice policies, the imperfection of the law applicable to probation, the incomplete work in inspecting and supervising the of probation criminals, the fuzzy reasons for repealing probation and nonstandard procedures limit the advantages of a probation system and result in low application of our probation system. Therefore, it is necessary to thoroughly change our traditional and lagged concept about criminal penalty, set up new thinking and ideas about criminal penalty, establish guiding ideology and principles of China's probation system, and perfect related probation legislation, law enforcement, inspection and revocation procedure, with the purpose of improving China's probation system and giving full play to the effectiveness of probation. The author pays more attention to present the improvement of probation system, especially in changing the public's thinking about criminal penalty, setting up new ideas about criminal penalty and establishing basic guiding ideology and principles of probation, which are less discussed in the current academia. In addition, the authors also discusses probation hearing and community correction system which are generally discussed in the academia and put into practice in the practical circles, and preliminarily presents results his point of view.