Make Chinese Probation System Perfect From The View Of Criminal Responsibility

Probation, as a system that considers the remediation and humanization after more than a century of evolution, has come to play a widely acknowledged important role in the legal system in almost every country. In practice, the probation system that has followed the educational penalty ideal have huge advantages against other forms of penalty systems in encouraging the criminals to return to society, eliminating the chance for the person to recommit a crime. In current phase, most countries in the world have not only legalized the probation system but also itemized many policies regarding the applicable conditions, enforcement regulations, inspection content and applicable consequences of the probation system which further increase the operable capability of the probation system. Compared to the well-developed probation system in other countries, the probation system in our country is relatively rough in policies design and the enforcement and inspection regulations are relatively simpler. In addition, many factors affect such a probation enforcement in reality which further limits the role of probation system. What's worse, the probation system might not work at all in many occasions. Although there have been many scholars who have written numerous articles discussing the applicable situations of the probation system, but as we are going through some of them, I find most discussions are just short-term solutions targeted at a particular concrete problem and there is no justification for doing so. Therefore, we need to go back to the source of probation system-from the perspective of criminal responsibility and resorting to the core theory and policy to explore the future and possible development directions for the probation system. We truly hope that some discussions from such a perspective would offer some help on evolving current probation system.In the first section, we analyze the current status of probation system. First, we analyze the law regarding probation system, go through the content of probation law from the perspective of a lawmaker and finally identify what are stipulated in current probation and how they are regulated. Secondly, we perform some case study on 1644 probation-related cases that are obtained from the court S and these cases exhibit a space-time consistency. We analyze these cases from the five aspect:criminal gender, age, penalty degree/penalty duration, education level, crime type in order to summarize the applicable situations for probation system. Combined with the previous analysis on the probation law, we can illustrate the current probation system in our country thoroughly. Lastly, through the above explanation, we can analyze the existing problems related to the law design and enforcement in our current probation system. Since these problems are based in the policies and cases, the subsequent suggestions proposed by us shall have more realistic meanings.The second section focuses on the proposal of a new theoretical research perspective. As for the problems that exist in current probation system, we insist that no direct short-term approach should be adopted to tackle them. Instead, we should first understand the theory and the basis for the probation system, identify its essential attributes and value goal, center our discussion around its core value. Only through this, we can solve all these existing problems in a logical and smooth way. To identify the value goal of the probation system, we have to first identify its source:the criminal responsibility. The discussion on criminal responsibility can be traced up to the discussion of personal responsibility. Therefore, this section follows the outline of responsibility, criminal responsibility, probation system. It starts with the discussions on the essences of responsibility and peel it off step by step to reveal the essences of probation system.The third section discusses in detail about the possible improvements for the probation system in our country. As the above two sections present the current status of probation system in our country and identify the value goal of probation system, we use their arguments as our basis and lessons to propose several corresponding suggestions for improvement. These suggestions are centered around the design of probation institution and the complementary measures to the probation supervision. We target our discussion toward the existing problems and present our suggestions from the perspective of above discussion which we hope can avoid over-generalization. In the end, we hope that such our meaningful and targeted discussions can contribute to the overall evolution of the probation system in the long run.