Study Of The Probation System

As a kind of penalty system, the probation originated from the West. Since born,the probation has been widespread quickly and welcomed all over the world becauseof the value of itself. During the 1980's, with penalty individuality and thehumanitarianism ideal spreading, the system of probationary suspension has been paidmore and more attention. Up to now, the probation has become a kind of penaltysystem that many countries adopt in international community. It is not only ruled inpenal codes of lots of countries, but also put into practice in a high rate. Due to theinfluence of the judicial idea and crime situation, and the limit of the related terms ofpenal code, our country always applied the probation in the low rate. This thesismainly adopts comparative analyzing method to make a research on the system ofprobationary suspension in the world. Basing on the research of the system ofprobation, the author conceives some plans to perfect the system of probationarysuspension in China. The thesis consists of four parts in addition to the preface.Part one: The author introduces concisely the fundamental theory of the systemof probationary suspension. This part's main contents are as follow: The concept ofthe probation;the legal character of the probation;the origin and development of thesystem of probationary suspension;the academic foundation and the value of thesuspended sentence.Part two: The author study the main content of the probation basing on theclassification, the conditions of applying the probation, the officer and content ofsupervising of offenders, the conditions and the proceedings of canceling theprobation, and hope to find out the consistency and differences so as to set up thefoundation for perfecting the system of probationary suspension of our country.Part two: In this chapter we analysis the current probation and point out thatthere are numerical deficiencies of the system of probationary suspension in terms ofmaking it become a law and implementing it as a law. These deficiencies are: theconditions of the suitability of probation are ambiguous, the conditions seem toabstract in principle, the contents are not specific, the setting of the withdrawalcondition is unreasonable, and in practice the implementation of the system is notstandardized. For example, there are many cases of the abuse of probationary togovernment officials who make use of their official duties.Part three: Basing on the front parts, the author conceives some plans ofperfecting the system of probationary suspension. Main contents as following: Thereare some faults in the conditions of applying the probation. It should been applied tothe minor offenders in the higher rate and wider scope. The substantive conditions istoo abstract, and the author suggest that the substantive conditions should beenperfected, and at the same time the Personality Investigation System and hearingsystem for the application of probation should been set up. The rule of the officer ofsupervising the offenders is very confused, and the related organization is not suitableto supervise. So we should set up a system of integrated supervision. Add the tasksthat the offender should finish and the regulation that the offender should obey. At lastwe should further clear the conditions of canceling the probation.