On Some Problems Of Probation

The probation takes one kind of criminal activity legal regime, holds the very important status in the criminal domain. Probation set penalty of socialization and humanization of the individual in a line with the basic development trends and the penalty of human civilization and progress of the tide. Probation with the highly developed system of some foreign countries compared to the legislation of China's probation system relatively late development lags behind. In order to improve our probation system to adapt to the needs of development of the times, give full play to the function of probation and realize the value of probation, this paper, the concept of probation as a starting point, suspended from the two parts discussed issues related to the hope that through their own efforts can within its power of making studies and exploration, in order to practice the application of the process of probation to make its own modest contribution.The first part discusses the value of the basis of existing probation. The first aspect is the humanitarian penalty. The nature of the humanitarian mission on the status of human values and personality development theories and ideas is a kind of evolving the spirit. Sentence also includes three aspects of humanitarian elements, namely, tolerance penalty, punishment and penalties Moderating the moral nature. The second aspect is the principle of balance of crime. Balance of crime that is meted out fairly, is the sin of the Penal Code expressly provides the penalties and criminal law expressly provides the balance of nature and intensity of punishment and crime to the nature and extent of fit.The third aspect is the principle of individualization of punishment, the penalty that the individualization of the personal situation of the crime, targeted to provide for and apply the appropriate penalty, with a view to the effective rehabilitation of offenders, prevent crime from happening again. The fourth area is the penalty of the economy. Probation is a set of penalty humanitarian nature, individual, economic nature in a criminal legal system.The second part is about the issue of compensation of victims, with the development of practice, judicial practice, there have been an increasing number of offenders received a suspended sentence due to an active compensation case, there has also been a lot of problems, victim compensation through the presentation of relevant content , proposed legislation should apply to victims reparation as a condition of probation, and for the current lack of comprehensive proposal put forward some. The third part is about the length of probation sentence for setting the problem. Criminal law scholars on this issue has been controversial, I believe that three years of this period is the most reasonable, and demonstrates why the three-year period the most reasonable.China's probation for the low rate of visits with the probation system is closely related to the imperfect, the fourth section describes the inspection of the probation system issues, ranging from probation agencies and probation study examines two aspects to describe the content, and the problems against which the separately proposed a comprehensive proposal.I believe that by the judicial administrative organs in China as the most appropriate investigation authorities, in the study put forward the content to increase the burden on community corrections and probation two proposals, improve the inspection system of probation.