The Probation System Is A Comparative Study

Suspended sentence usually refers certain sentence crime person attached the condition to put in the society and gives the surveillance, postpones the execution imprisonment penalty the non- imprisonment punishment method. The suspension of sentence system fuses the penalty socialization, individually melts and the humanity, conforms to the basic tendency of the penalty development and the human civilization progress, also represents the direction of the penalty development in the world., The using rate of the suspension of sentence is generally higher in the contemporary penalty system developed country.The suspension of sentence system may be divided into two kinds, the hesitation principle which announces the penalty and the hesitation principle which carries out the penalty. The penalty announces the hesitation principle because the criminal has not entered the crime punishment announcement procedure, it can cause the accused person not to have the criminal record completely, changes as if in promotes criminal's turning over a new leaf. But, this kind of system also has the very big flaw: One, has not ended in the lawsuit, the guilty referee not finally makes in the situation then takes the suspension of sentence measure, causes the suspension of sentence measure to decide in lacks the explicit premise and in the basis situation is made, obviously is not rigorous. Two is it possibly increases the lawsuit the difficulty, causes criminal to escape the legal sanction. The most countries thought the suspension of sentence is only suitable in condemns the criminal which below the short-term free punishment like 3 years the set term of imprisonment, imprisons, this is has the suspension of sentence the nature decision. About is suitable the suspension of sentence the substantive condition, the majority national criminal law stipulation principle, is abstract. The general request should after the synthesis examination crime plot, crime performance, and criminal factor and so on individual situation judge criminal the person's risky size. But should not be suitable the suspension of sentence regarding the specific person. In order to...