The Investigation Report On The Applicable Conditions Of Probation

Probation is contemporary penalty system’s pet. Not only effective made up forthe disadvantages of short-term freedom penalty, also is especially embodies thepenalty, the austerity, individual, social and humanitarian punishment of color. Thevalue of the probation that all countries in the world to give its high status, allcountries to further scholars are analyzed and studied, the purpose is to make thepenalty system to better serve the people and the society, make more complete legalsystem, the society more harmonious. The system of suspension in China late start,have some deficiencies and the insufficiency.For example: probation applicable ratelow level, suspension of sentence for no clear standards, lead to excessive discretionof the judge, the investigation supervision program not perfect, and so on. In2011theamendments to the criminal law of the People’s Republic of China (eight)"releasinghighlighted in China the attention of the system of suspension.In the affirmative alsoshall see it with the rest of the world as well as our country in specific gap existing inthe judicial practice of problems to be solved. In this paper, according to the authorhometown in2007-2011, five years of probation applicable for a full investigationanalysis, To explore the causes, and according to the characteristics of the reasons forsuspension and puts forward to improve the probation applicable Suggestions andcountermeasures. With the purpose of it is to provide some reference for the probationin hometown and even the whole country, to get more of the suspension of the valueof the fully affirmation, make our penalty system to be more perfect, more human.The research report is divided into five parts, a total of twenty thousand words orso.The first part of this investigation report of purpose and meaning to a certainexplained.Through the amendments to the criminal law of the People’s Republic ofChina (eight)"analysis, and further explains the value of probation and need toimprovement suggestion.The second part of the investigation of simple introduction of methods: filessurvey, questionnaire, interview method.The third part of the results of the investigation in detail. Including2007-2011MianChiXian sanmenxia city for overall condition of probation, that is revealed ageneral lower level; Applicable probation key features: minor crime and female crime and position for the crime of probation ratio to be higher, and so on.The fourth part of the MianChiXian probation investigation result analysis, thisarticle analyzes the present situation and reason for probation. Legislative layer: ourcountry late start, probation a single type, suitable condition too abstract. Judiciallevel: the lack of clear standard applicable for probation and probation hearingprocedures, the discretion of the judge, and position is too high ratio of crimeprobation. Law enforcement level: the investigation system was largely invisible,revoked the condition is not reasonable, the cancellation procedure not justice,community correctional system applicable widely, lack of procedural safeguard.The fifth part on the analysis of the present situation of the reasons forsuspension are put forward based on some Suggestions. Main included in legislationlevel: establishment of the suspension of the convicted on probation, will beannounced criminal negligence classified as "shall be declared probation" range,perfect for probation the essence of conditions and exclude conditions; In judiciallevel: establishing probation hearing procedures, improve for probation for overallrate, to enhance the quality of the business and professional moral level;In lawenforcement level: perfecting the investigation contents and revocation of conditions,increasing the propaganda of community correction, a special community correctionauthority.