Study Of The Probation System

Firstly, the article looks back to the origin of Probation. From Probation' original shape in middle-century England to the contemporary Probation in the middle 19 in America and to the establishment of Probation in the criminal laws of countries all over the world, the course of Probation' development can not be spoken old-age, but its humanity and benefit make it vigorous. Moreover, during Probation' development, its category continues to make innovations, which makes the Probation adapt to the judicial practice even more. On the contrary, in China, the establishment of Probation in legislation was in the end of the Qing Dynasty, but up to now its category is single, which can not satisfy the judicial practice.On the second part, the article firstly sums up all doctrines about the meaning of Probation in China and abroad, and put forward the author' opinion about it. Then by means of studying kinds of Probation in criminal law of some countries, the article classifies the Probation according to its judicial consequence and criminal procedure.On the third part, the article studies the Probation' judicial nature. Firstly, the article sums up all doctrines about that question, and points out their defects. After that the article puts forward its opinion that the nature of Probation is similar to Exemption, which can results in the disappearance of crime and penalty.After the studying of Probation' origin, meaning and judicial nature, on the forth part ,the article begins to inquire thoroughly its theoretic basis. By analyzing, the author thinks the educating and correcting penalty purpose is crucial to Probation and revenging with double precaution penalty purpose limits the probation' just and benefit.The article' fifth part studies the Probation in China from criminal legislation and judicial practice. And on the last part the article put forward proposals on how to improve the Probation in China.