China And The United States Probation System Comparative Study

Humanity, impartiality and socialization of the criminal penalty is own value human is the inevitable requirement of treasure, the increasingly light punishment mitigation spawned a probation system, and the system of suspension of punishment is the product of the progress of human civilization and the criminal penalty system development. Since system of suspension of north American Boston in 1870, the system of suspension in the United States since already experienced 1.4 hundreds years' development, American has formed a relatively perfect and effective system of suspension of sentence in the long-term of judicial practice. In the United States, suspension is obtained to criminals for the suspension of social effect is relatively obvious meanwhile higher application rates. Compared with America, Chinaese criminal law stipulates the formal system of suspension In 1979, and application in judicial work also early, and gradually perfect. In the theoretical research of the system of suspension, Chinese scholars have lag about the study of the level of the research, and further broaden the research scope and depth. In the judicial practice, although there is plenty of duty crime case in the form of probation, and the reprieved duty crime is the further regulation, but overall, the probation applicable rate is abviously low. Based on this, the author applied comparative method for a comparative study of the system of suspension between the United States and China in order to trying to quality of further perfecting the system of suspension. This anticle is divided into four parts: First is comparing probation applicable system. Sino-american, including applicable scope suspension too narrow and limited to light punishment of criminals, and broader. The United States' probation applicable system established the system report before sentencing, especially pay attention to the investigation of personality, this is worth for reference us. Second is comparing the investigation system probation. The United States set up special organizations probation to implement inspection and their probation investigation content is clearly detailed. They moreover attach importance to protect the rights of the probationer. This is also our lack of system of suspension. Third is comparing revoked probation system. The cancellation of the conditions in probation is excessively strict and rigourous and paying no attention to the individualized characteristic of probation. In addition, the standard of the "serious circumstance" revoked the suspension is specific fuzzy, and the judicial departments perate not easyly. Fourth is the conclusion of comparative study system of suspension of sino-american.