The Current System Of Probation Application And Implementation Problem Analysis Tieling City

The probation system is our country’s penalty system an important content, theapplication of probation contributes to arousing the criminals self restraint, selfimprovement initiative and enthusiasm, to avoid the application of imprison brings andsocial isolation, social difficulties, criminals cross infection, but also alleviate thecustody places pressure on, save the judicial resources in the country and the lawenforcement cost, better implement the criminal policy of combining punishment withleniency, maintaining social harmony and stability.Our country after decades of development of theory and practice, China’sprobation system has been relatively mature, criminal law amendment (eight) will bethe seventy-second article of the criminal law is amended as:" who is sentenced tocriminal detention, fixed-term imprisonment of three years for the crimes, at the sametime to meet the following conditions, may declare the probation, for which less thaneighteen years of age, pregnant women and has over seventy-five years of age,should probation:(a) the circumstances of the crime is light;(two) demonstraterepentance;(three) no crime risk;(four) probation of the community live withoutsignificant adverse effects". The article seventy-fourth of the criminal law is amendedas:" for recidivism and crime is the ringleader of a group, do not apply probation". Atthe same time, in a seventy-sixth article in the provisions of the Criminal InvestigationDepartment of probation legal mechanism for community correctional institution, inseventy-seventh on probation criminal investigation content into the court decision ofprohibition. Can see the criminal law amendment (eight) on China’s probationapplicable conditions and probation execution made bigger modification andcomplement, make China’s probation system has been further improved, but in thespecific application and implementation process, there are not perfect, such as theconditions of probation, probation of execution of more general according toinadequate, there is some need to improve and perfect the system and so on. Theauthor chose this topic the significance lies in the probation system in the existingproblems and reason to undertake an analysis, put forward countermeasures andsuggestions to solve the problem, to better achieve the function and purpose ofprobation. In the writing process,the author combines the theory study and master the law of criminal trials in morethan10years of practical work, through the use of literature analysis, experiencesummary, comparative analysis and other methods, and strive to achieve in-depth andmeticulous research, striving to China’s probation system development andimprovement to provide strong reference.