Research On Problems In Probation Consummation Of China

As a penalty system, probation has the advantages of socialization, individuation and humanitarian. Judging from the world, application of probation has constantly expanded tendency. According to the relevant statistics, most countries in the early years of the probation applicable rates remain over40%. Although our country amended the probation system in1997, it still has many problems in judicial application, legislation and investigation system.With the development of our economic and society, the problems of probation system are becoming more and more prominent, it can not adapt to the new situation of fighting against crimes and maintaining social security needs. These problems seriously affected the efficacy of probation system. In order to play the value of probation fully and promote its application, the author puts how to consummate probation as the key in the paper. The author mainly takes comparing research. Firstly, the author investigates the historical evolution, legislative situation and applicable condition of probation system in China, including Hong Kong and Taiwan. Then the author investigates probation both in domestic and abroad. Secondly, the author mainly introduces our probation system. Its insufficient mainly displays in substantive provisions, probation discretion and probation community correctional system. For example, the provisions of applicable conditions are excessive principle, the provisions of probation discretion are not scientific, probationary investigation contents are unclear, probation executors are not confirmed and so on. So it is urgent and necessary to consummate our probation system. The final part of this essay, how to perfect the probation system becomes the main topic. Firstly, the author establishes the overall ideas. In order to reform probation system, we must convert ideals. We should set up modern punishment and carry out the "criminal policy of tempering justice with mercy" earnestly. Besides, we must have correct attitude to probation, realize its value and effect, paying attention to the judicial justice and fairness, establishing the right of the probation. We should acknowledge that the criminals should be suspended for probation, change the spirit of encourage and individual measures for principle in place, make "the protection of human rights" instructing, let offenders become right subject. Secondly, the author raises specific suggestions on how to consummate probationary system.The suggests are on the basis of substantive provisions, probation discretion and probation community correctional system.