On The Issue Of Probation

Probation system was produced in the mid 19th century. The modern probation system, which was originated in the United States was widely used in minor crime and criminals. It was recognized as a reasonable and effective penal system. In the developed countries with the contemporary legal system, its probation system is more perfect legislation and the judicial application is also used more common. In contrast, the legislation system in China is started late reprieve. Although we have got a lot of progress, the result still cannot meet our need, as well as the judicial application. From the practical point of view, comparing the "Criminal Law Amendment Eight," passed in the Nineteenth Meeting by Eleventh National People's Congress on February 25, 2011 with the experience of foreign research on probation, the passage makes its way in specific discussion about the main problems existing in practice, and also propose the corresponding perfect proposal.Besides the addition to the introduction and the conclusion. It is divided into four parts:The first part is the concept of probation and its value. Probation is more specific and practical application of probation system. It is a progress to apply the concept to practice. In this section, it mainly demonstrate the concept of probation, padding a solid theoretical basis points for the specific application. Probation, with its important theoretical meaning and social significance, is demenstrated in the following four aspects: l,to avoid cross-infection; 2, social costs can be significant savings; 3, in line with the provisions of the criminal justice policies; 4, to achieve better re-socialization of offenders.The second part is a detailed analysis of conditions of probation. Determining whether conditions of probation constitute a probation based on the premise. It is also the root causing problems in theory. So It is focuses here to be discussed. In this section the author will demonstrate in the following four parts. First, what conditions have to be suspended for specific analysis. In the eleventh of "Criminal Law Amendment Eight" it refers four conditions. But I believe that there is no essential difference bewteen the provisions of the Criminal Code seventy-two in the four conditions and the three conditions. That section also provides that "can be placed on probation" "should be placed on probation". The author of "can apply" were identified and as to how to apply in practice the judges put forward their own proposals. In (b)(c), respectively," no danger of re-offending, " "live in the community on probation without significant adverse effects" are specificlt analysized and demonstrated, which provided a theoretical basis for whether should be sentenced to probation. It also pointed out that such a requirement is progressive. After the demonstration on the basis of theoretical analysis has been completed, in (iii) it specifically addressed the problems for probation system the judge should pay attention to. Judge in the course of the application of probation will face that justice system is not perfect and the difference between probation issues. I will present the problems faced by specific analysis of its causes, and prove the actual solution for the current specific solutions.The third part was sufficient verification of the correction of probation Probation correction is an aspect of community corrections, which is the court suspended sentence on the probation system after the specific implementation. This part is to be addressed separately in the legislation from the meaning of community corrections, community corrections approach, suspended correct three problems. The exotic community correction system in China is still in the pilot stage, but has very important significance. The author in this section give the community correction by way of legislative analysis in the meaning and proof correction after correction with the actual situation probation and then ask the following questions:1, correcting the main qualifications is not clear; 2, the community correction means; 3, suspended there correction problem; 4, no probation period is extended or shortened requirements.The fourth part is the protection in correct application of the probation system. In this part, I put forward the five-point improvement proposals according to three-part view of the above problems (a) improve the standards of the Probation Investigation; (b) the establishment of probation hearings; (c) to establish a scientific mechanism of recidivism prediction; (d) for failure to Elimination of the adult probation system for additional criminal record; (e) improving the system of probation revocation; (f) improve the probation revocation proceedings.