Empirical Research On System Of Suspended Sentence In China At Present

Probation refers to holding up for punishment.It is a penal system that allows a person who has committed a crime not to perform the existing punishment in a certain period.It has the characteristic that the Criminal has been to sentenced but not to execute immediately, however,to retain the possibility of the performance still.The birth of probation benefit from freedom, equality and fraternity that reflect the idea of humanism. As the renaissance movement was popular in Europe in the eighteenth century, these ideas penetrated into the punishment theory slowly and the idea of retributive punishment began to waver. On this basis, western countries provided for the probation systems successively in the nineteenth century. Probation systems received widespread welcome for its own value.Late in twentieth century, our country also provided for the probation systems.It creats a positive social effect in practice process, but it has its limitations owing to the fault of the legislature and judiciary. So reflectinge defects and improving our probation system have become a priority.This article is a report.Author collected relevant information and analysed data by surveying the probation systems of a province. Through the sample we can find the probation systems have obtained achievements in our grass-roots court but exist the problems and misunderstandings. By analysing the causes of the problems,author proposes some ideas and countermeasures in order to achive the value of the probation systemThe report is divided into four parts:The first part is the outline of the probation systems. Through the concept of the probation systems, author introduce the value of the probation systems, source and the development process in our country.The second part is the relevant information and data by surveying the probation systems in a grass-roots court.From the information we can know the situation of the probation systems in our grass-roots court.The third part is the analysis of the relevant data.By analysing the date we can find the problems of the probation systems and the course of the problems.The last part is the writer learns some good ideas from the developed countries and areas. From the application and the supervision of probation systems,author hopes to propose some good ideas.