On The Absence And Perfection Of Probation System In China

Probation as a criminal system, because of its in terms of short-term freedom penalty crime risk avoidance, in criminal policy is known as the third pillar outside the penalty and security measures, by the favor of penal system. However due to the probation system of our country starts late, and is the legal transplant (" big who "published in1910from Japan, Germany and other western countries on the provisions of the criminal code) the result of failure to closely combined with the overall status of reality in our country legal system consciousness leads to defects in the legislation, probation system and the lack of perfect theoretical system and legislative support, causes in the process of the specific judicial practice not only can’t realize the value of probation system, but also cause the public misunderstanding of the criminal system, led to a general rate of probation system in China is low, and the vast majority of duty crime cases, judicial practice in the process of problem emerge in endlessly, such as probation applicable condition is difficult to operate, probation applicable rate there are many differences between geographically, whole probation applicable rate is low, the duty crime of probation applicable rate is higher than other crime, influence probation before apply judgment enforcement measures, and so on. Paper embarks from the probation system general theory, by comparing the probation system both at home and abroad, in-depth analysis of the present situation of our probation system, enforcement procedure, the probation period for probation system inspection system, probation system in the theoretical suggestions for the implementation of community correction, etc, such as slow suspended for minor offenders to establish his sin; Probation for increasing personal situation judgment; Additional regulations on burden on probation, probation instructions; Build the probation hearing procedure; To perfect the probation the cancellation procedure; Perfect the probate to the main body; Build community inmates information management system, etc.