The Discussion Of The Probation System And Perfecting

In China, probation system is one of the most important penalty system, To urge the criminals to start with a clean slate, prevention of criminal recidivism, promoting the development of harmonious society has positive significance. In February 25,2011, in the eleventh session of the National People's Congress Standing Committee of the nineteenth conference of the eighth amendment to the criminal law, in which the probation system involves four terms at nine, although a previously compared to probation system has great progress, but but for actual is still not enough. This article is to" criminal law amendment-the eighth" for the background, to undertake analysis and discuss the probation system in our country criminal law and some problem of judicial practice, put forward to perfect China's probation system proposals. In this paper, firstly, Refer to some literature use the method of literature review, and arrangement these data, and combination our learned knowledge actively, Strive for format my own conclusions. Secondly, using the method of comparison with China's probation system with the for=eign, combined put forward specific suit our country situation probation system mode. This paper is divided into three parts to the probation system in our country's application and perfection of problems are discussed. The first part, introduced some basic theoretical of probation system mainly. Firstly, introduced the concept and nature of the probation system; secondly, contrasted transversely the probation system of the foreign countries; the last is presented China's probation system's birth and development in detail.The second part, put forward defects of our country's present probation system, mainly from the defects of China's entity legislation and the problems of probation system in the executive, combine our country's current probation system situation and put forward the issue that need to perfect, as the solution and optimization of probation system.The last part, for the problem of legislative and executive program entities, In the background of "criminal law amendment-the eighth", put forward some suggestions to perfect China's probation system tentatively, hoping be good for the future of probation system in the legislation.