The Probation System Is A Comparative Study

As a kind of penalty system, the suspended sentence originated from the West. Since born, the suspended sentence has been widespread quickly and welcomed all over the world because of the value of itself. During the 1890's, with penalty individuality and the humanitarianism ideal spreading, the system of suspended sentence has been paid more and more attention. Up to now, the suspended sentence has become a kind of penalty system that many countries adopt in international community. It is not only ruled in penal codes of lots of countries, but also put into practice in a high rate. Due to the influence of the judicial idea and crime situation ,and the limit of the related terms of penal code our country always applies the suspended sentence in the low rate. This paper mainly adopts comparative analyzing method to make a research on the systems of suspended sentence in the world, Basing on the research of the system of suspended sentence the author conceives some meager plans to perfect the system of the suspended sentence in China. The paper consists of three parts in addition to the preface.Preface part: The author firstly presents his writing background and the reason of composing this paper and then briefly describes the main problems that will be resolved in this paper.Part one:: The author introduces concisely the origin and development of the system of suspended sentence, and discusses the concept and value of the system of suspended sentence,. The author hopes this part can attract the more attention of the people. This part s main contents are as follows: The origin and development of the system of the suspended sentence , the concept of the suspended sentence and the differences between the suspended sentence and the related concepts; the value of the suspended sentence: It can avoid faults of short imprisonment, benefit to crimes returning to society, and save costs of society..Part two: The author study the main content of the suspended sentence basing on the classification, the conditions of applying the suspended sentence, the officer and content of supervising the offenders, the conditions and the proceedings of canceling the suspended sentence, and hope to find out the consistency and differences so as to set up the foundation for perfecting the system of suspended sentence of our country.Part three: Basing on the front parts, the author conceives some plans of perfecting the system of the suspended sentence. Main content as following: There are some faults in the conditions of applying the suspended sentence. It should been applied to the fines ,and minor offenders in the higher rate and wider scope. The substantive conditions is too abstract, and the author suggest that the substantive conditions should been perfected, and at the same time the Personality Investigation System should been set up. The rule of the officer of supervising the offenders is very confused, and the related organization is not suitable to supervise. So we should set up a system of integrated supervision. Add the tasks that the offender should finish and the regulation that the offender should obey. At last we should further clear the conditions of canceling the suspended sentence.