A Comparative Study Of The Probation System

Probation as a criminal justice system plays a very important position in the field of criminal law. Andwith the time going, probation has been becoming more and more used in most countries. Because of theimperfection of probation, the rate of probation is still very low. The imperfect of probation of our countryis pressing. In this paper, I have used comparative analysis, historical analysis and empirical analysis. Andon the basic of our country, I made some comments on the Probation System of China.This paper, besides the introduction and conclusion, which can be divided into the following fourparts:The first part is an overview of the system of suspension. The first system of suspension inAnglo-American law and civil law on the development process of a simple description, the system ofsuspension with the earliest produce which country is not clear, but can be certain that it was widly usedsince the day it is produced. the system of suspension of our country is the result of legal transplant, fromthen on the system of suspension has been perfect and gradually widely applied. Secondly, the paperdescribes the value and the limitations of the probation system. In addition, because the different nationalsituation and cultural differences in background, the practice of the probation system have some differences,overall is divided into slow declared probation gentle reprieve two kinds, two kinds of type has its ownadvantages and disadvantages;In the second part the applied conditions of the probation was studied. This part, mainly includes threeaspects: the comparison of the form elements of the probation. The formal requirements for probation isnamely applicable object probation elements, it is mainly from the suspension of the charges for conditionsand sin kind of conditions on the system of suspension comparative studies.In the third part the supervision and inspection of the suspension was studied. The third part mainlyincludes three aspects in which applicable conditions have been detailed introduced. From this part we willunderstand the differences and similarities between China and other countries about the formalrequirements/the substantial elements/the exclude elements.The forth part is about the comparison of the supervision and the inspection of the probation. The writer has put forward some designs for the Probation System of our country.