On System Of Probation Suspension In Our Country

Probationary suspension, as a criminal justice system, occupies avery important position in the field of criminal law, reflects the rulesof socialization, individualization and humanity, and in line with thebasic developing trend of penalties, and it has become a widely adoptedsystem of penalty around the word. Probation has many advantages, whichcan avoid faults of short imprisonment, benefit to the criminals’returning society and save cost of society. Probation has a good effecton the common anticrime and special anticrime. After decades ofdevelopment in theory and practice, China’s probationary suspensionsystem has been more mature. In practice, the probation system which hasfollowed the educational penalty ideal has huge advantages against otherforms of penalty systems to recommit criminals to return to society. Incurrent phase, most countries in the world have not only legalized theprobation system but also itemized many policies regarding the applicableconditions, enforcement regulations, inspection content and applicableconsequences of the probation system which further increase the operablecapability of probation system.Compared with the probation system ofother countries, the policies design is relatively rough and theenforcement and inspection regulations are relatively simpler in china.In addition, many factors affect such a probation enforcement in realitywhich futher limits the role of probation system.This thesis takes the general theory of the system of suspension asa starting point, and it introduces the concept of probation、the practicalapplication of probation and applical theory analysis of probation, thenit points out the shortcomings of the probation at present. Such as probation sentence procedure is imperfect, the community correctionlegislation must be considered, the apalication of probation is limitedby the traditional ideas.This thesis examines the mature system of suspension of sentence andapplication of the theory of other countries and regions, then it analyzesthe current basic theory of punishment principle. It puts forwordconstructive suggestions by appropriate comparison, such as exploring toestablish conviction separate probation discretion program; communitycorrection of specific legislation suggestions, to make clear the fuctionbetween Sifasuo and the public security organ,to increase the burden ofthe probation, and to improve the supervision system constantly, thecorrect understanding and application of suspended ban; the introductionof slow prosecution of suspension of sentence and slow declared ofprobation.