On The Probation System And Its Legislation Perfection Of China

Probation is a punishment that don't apply original punishment with addition. Probation is a important content of penalty system in our country. Probation can help criminals, prevent crime ,decline judicial application charge, protect society steady. But In contrast to that situation, the legislation of probation system on our country started relatively late. The system has been progressing but still fallen behind , and it's application is not satisfactory yet.At present, that building a harmonious and peaceful society is a historical task for us. We should find the important meaning that probation system and othe non-imprisonment punishment. The are good for building a harmonious and peaceful societ. The author has used the new thinking and compared research to talk about how to improve the probation in our country. The passage has four chapters and 30 thousands words . The following is the content of chapters :In the first chapter, the author introduce the conception, legal nature, applicable range, advantage of the probation first of all. Second , the writer introduce feature of continental law system and ordinary criminal system from their development. The author introduce their reason and intelligence for us .In the second chapter, the author introduce the probation in our country. from practical application and legal system. First of all, the author talk about classification in our country. Our country has only one probation. It leads to some disadvantage in practical application . Second , the fundamental conditions haven't reason . It is proper to regulate criminal fine probation in our country. The author suggests that the criminals who break the law some times are factors but not all . At last, the probation direction has a main problem. There isn't individualization of penalty. There are some questions in our probation system from practical application: supervision system of probation isn't reasonable, supervision work is lack, the application of our probation hasn't perfect, the cancel of probation isn't clear.In the third chapter, the author introduce how to perfect the legal of the probation. The author discuss it from the substantive law and procedural law. The author gives some suggestions: First, change the fundamental condition, we should use the report before the judge to perfect the probation. Second, probation should add classification for different criminals. third, it is necessary to build the fine probation in our country. Forth, the probation will add burden rules. At last , the author suggests perfect the probation direction .In procedural law, First, we should build a probation commission The probation will add a physician office to cure criminals. Second, We should build probation listening system; The author suggests we should think about criminals who also break the law during the supervision. We need consider nature essence form attitude and dangerous all together.