Study Of The Probation Application In Duty Crimes

At present, duty crimes in society are so soul-stirring, and their social harmfulness has become more and more serious. Duty crimes have become one of the problems that severely threaten our social stability. One of the important factors for so many duty crimes is the excess and abuse probation application of duty crimes. Therefore, punishing duty crimes severely and avoiding the excess and abuse probation application of duty crimes are of great urgency.In addition to the introduction and postscript, this essay can be divided into 3 parts: Firstly, introduced by the actual cases happened in a certain city of Shandong province, this essay has investigated the present situation about the probation application of duty crimes by means of experimental study. The author designs various diagrams, so as to make the essay persuasive and reliable. Through the data analysis, this essay lists the performances on the abuse of the duty crimes probation application during judicial practice. It also analyses the harmful results of the abuse of the duty crimes probation application from the aspects of the demand of justice, rules of present laws, current national condition, international trends etc. respectively. The second part analyses the reasons for so many excess and abuse probation of duty crimes from two perspectives: external factors and internal factors of law. The external factors of law refer to basic national condition in the time of changing the pattern of society and the shortcomings of judicial system itself, which provide the opportunities that can be explored for the duty crimes, mainly including the following: corruption pollution of the social environment and China's condition of society of acquaintances; mutual restrictions among systems; judicial departments' excessive pursuit of economic benefits; the unscientific appraisal mode inside law offices, etc,. The internal factors of law refer to the deficiencies of related regulations such as reprieve in duty crimes, mainly including the low starting point and broad range of the term of imprisonment and the deficiency of execution in practice, the over-general applicable conditions of reprieve and the unrestrained jurisdiction of judge; the unclear related judicial interpretations of reprieve; the high applicable rate of confessing one's crime, etc.Thirdly, based on the above analysis and demonstrations, we can propose. the construct of the system of duty crimes probation application from four aspects: the conversion of the conception on the penalty weakening and probation, improving legislation, perfecting systems, and consummating judicature. We must stick to the guiding ideology of severely combating duty crimes. According to the distinct principles, we can improve the relevant judicial interpretations. From the three aspects of consolidating the court's position, intensifying the law offices' inspection and strengthening the social inspection, we can gradually reform and improve the judicial institution at present. In the light of criminal policies that strike hard the duty crimes and legislative intentions that severely combat the duty crimes, we can give accurate legal interpretations to the relevant questions in duty crimes probation on the basis of rigorously executing the law, which promote the law improvements.