Comparative Research On Probation Investigation System

"The reason why people become criminals, not because he wants tocrime, but the seeds of evil in one’s inner heart can be germinated andgrowth under certain natural and social conditions." The mainrepresentative of Criminal disciplines Enrico Phillips reveals the essenceof the crime phenomenon, he insists that "no matter what kinds ofcriminals, from the most minor to the most cruel, they are nothing but theresult of interaction of three factors: the criminals’ physiological status,the natural conditions and the social environment in which they birth, liveor work." In this case, how should we treat this kind of social disease?Obviously, the modern prison system of imprisoning the criminals withinthe walls and then completely isolating the criminals from society fails toprotect our society from its infringement.“Prison is like a huge machinethat swallowing and spiting out a lot of people. These kinds of people take turns to lose life, honor, the sense of morality and health. As a result,there leaves the long-lasting trauma. Generally speaking, there is no hopeof recovery when they inflow the team of increasing occupational crimeand recidivism.” Dealing with this situation, the probation systemassumes the important mission of healing this social disease. The fact thatthe vigorous development of Community correction system, includingprobation, all over the world proves us that the criminal correction ispossible. And the community correction of returning to society means ismore effective than the short-term sentence of imprisonment to correctthe criminal.As a recipe for the treatment of social disease, Probation system arefavorable for the domestic and foreign scholars. As a result, there springsup a large number of research achievements. Among these, there areacademic discourses of experts and scholars and a lot of empiricalresearch results of the legal practitioners. We can say that these research achievements involve in all the aspects of the probation system. They areranging from the basic theoretical research to application research, theresearch to explore a reasonable way of probation referee to the probationexecution methods. It is these research achievements that constantly drivethe probation system forward. However, the author notes that mostscholars mainly focus on the research of probation application, and fewscholars concerned about the research of the system of probationinvestigation which follow-up after the application of probation.In practice, the probation investigation system is not perfect inChina. Naturally, the role of the probation system has been greatlyweakened because of its failure to effectively inspect and supervise thecriminals. Probation is even misinterpreted as the forgiveness measure ofindulging criminals, no penalty effect at all. To avoid unnecessarycriticism and obviate the psychological burden, the judges always chooseto avoid the application of probation. As a result, these factors stop the probation system to play its due role. Notwithstanding the Criminal LawAmendment (eight) made a greater modification to the probation system,there still exists obvious flaws in the aspects of probation system. Such asthe chaos of the subject of probation investigation, the ambiguousness ofthe probation investigation intent, the uncertainty of the investigationprogram design, the lacking clearness of the probation revocation leveland so on. The absence of legislation on Probation Investigation Systemleads to the different practices in different districts on the inspection andsupervision of the probation. Especially the theoretical research of theProbation Investigation System has a great discrepancy with the judicialpractice. Based on the above-mentioned problems, the urgent needs ofthe judicial practice and the status of the theoretical study of theprobation, the author finally chooses "Comparative research on ProbationInvestigation System” as the master’s thesis under the guidance ofProfessor Zhang Xu. There is a wish to analyze and propose improvements on the probation system through the theoretical research ofpenology and the comparative study of the legislation cases all over theworld.