On The Substantive Conditions Of Probation

Probation System, as an important section of the whole criminal punishment, has the priority in its application in the society comparing of the Fix-term Imprisonment and Life Imprisonment, so Suspension of Sentence has been widely adopted in the most countries of the world. At present, the suspension of a sentence, suspension of carrying out a punishment and deferred prosecution are the most popular types of probation in the world. Our country only rule about the suspension of carrying out a punishment. Our probation system is a system that does not carry out the original penalty subject to conditions. It embodies the spirit of Modest & Restraint of the Criminal Law and humanitarian spirit and is significant to prevent the criminals from committing crimes again. So, it is an important criminal legal system in China. In this thesis, the author first gives a detailed introduction on the situation of the Chinese Probation system at present,and then analyses the defect in the sight of legislation, judiciary practice, At the same time,referring the legislation in other countries and basing on the economics of criminal policy, the author conceives some meager but brave Plans to perfect the Chinese Probation system.Analysis in this paper to question the basic theory of probation system as a starting point, first discussed the concept of probation, suspended for the applicable conditions, suspended the application of value, and highlighted the substantive conditions of probation for the important theoretical and practical significance. Secondly, the substance of the conditions of probation system for the present situation, the first provisions of the law was suspended for the perspective of substantive conditions applicable to the legislative investigation, from the legislative point of view a preliminary summary of the current law in that the inadequacies of the basis of proposed legislative reform proposals probation. In this section, this paper just issued by the Criminal Law Amendment eight pairs of real conditions of probation modified for a preliminary analysis and interpretation. Again, from the real conditions of probation for the current situation of judicial practice, taken from the case for empirical analysis, summed up based on the real conditions of the judiciary in the application of a reflection. Then, through the countries (regions) of the real conditions of probation for the analysis of reference put forward its ideas. Finally, China's current criminal policy of combining punishment with leniency request, analyzes the conditions of probation for the guidance of real significance, and how to achieve under the guidance of the rationalization of probation. And, the article for the "temper justice with mercy on the criminal policy of carrying out a number of opinions" under the suspended some suggestions for the improvement. Which contains, this intent to put forward ideas in the modern judicial system in China under the real conditions of probation for the perfect idea.