Probation Attorney Oversight Issues

Since the system of probation has been clearly stated in the Criminal Law of 1979, the system of probation has been suspended in the judicial practice, the applicable percentage is quite low, but the phenomenon of escaped- execution is also very serious. Since the year of 2003, The Community -Based Corrections started in some provinces and cities in our country, probation criminal became one of the five types object of the community-based corrections, the applicable percentage of probation increase largely in the judicial practice, the system of probation became full of new vitality. Although compared to before the start of the Community -Based Corrections, the phenomenon of escaped-execution has declined, but compared to the share of the growing proportion in community-based corrections, the defects of proportion found in the process is not only its own question,but it has also become a work event related to the success of community-based corrections, so the process of strengthening the supervision of the probation also imperative. So the question how to solve the problem of supervision during the execution of probation became a terrible problem.In foreign countries, especially western developed countries, there are a lot of social forces fully participated during the execution of probation, except for national power. It is because of developed civil society, and this is one of the important reasons that probation system can be used broadly in developed counties. But in China,the economic market is still very short of time, and the civil society developed inadequately, it is difficult for social forces to enough involved in. So as the state's legal oversight body of the prosecution,it has the responsibility to do it, and it is also a part of penalty function to strengthen inspection and supervision of the probation process for the prosecution of oversight body. So how to solve the problem of supervision during the execution of probation?In addition to this introduction and conclusion, this article is divided into three parts, three parts as follows:The first part is about the supervision introduction during the execution of probation.This part first defines the meaning of the inspection and supervision of probation, then mainly introducts the supervision introduction in the process of execution of probation in foreign countries.The second part is about supervision questions during the execution of probation in China. In this part, firstly, it is about uncertainty of supervision legal basis during the execution of probation; secondly, it is about the bad influence to procurato-rial supervision because of diversity suspended body of probation;thirdly, it is about procurato-rial supervision method is not enough; at last, it is the reason of the Procuratorate.The third part is some suggestions that how to perfect procurato-rial supervision during the execution of probation. I wish that it can be able to solve the lack of effective problem of probation supervision during the execution of probation, and it play to probation during the community-based corrections, so as to promote improvement of the system of Community-Based Corrections.