The Conditions Of Probation

Probation is a sentence accompanying short-term punishment, its architecture and the usage can avoid imprisonment infection lead to crime, and criminals do not have difficulties integrating into society cause by the sharpe change. So in China Mainland it is used with a high frequency of Community Corrections. In order to play a better role of the probation system and prevent risks, the Criminal Law Amendment(eight) has made a large revision of the probation system. The bill adjusts probation conditions, designed to change the old regulations which was vague and argumentative; makes conditions of probation and rules clearly, implemented the principle of legality in the form of requirements for clarity; adds the specific requirement in injunction of probation during the probation period, aimed at effective crime prevention; expands the scope of probation at a propriate rate, intended to convey the penalty reprieve and humane orientation. So it does, a further explaination to the meaning of the revised specification is a common task the theory and practice facing. This paper selects the conditions of probation to demonstrate, intended to explicit that the applicable conditions of the probation is a basic steps of reasonable operation of probation system.This paper is divided into six parts, a total of 31,564 words.The first part briefly summarizes the concept and nature of the probation, and the operation and development history of probation, focusing on changes in relevant legislation in China, providing background knowledge for the later disscussion; at the same time, introduces and analyzes the recent judicial practice, perspectives the underlying reasons, provides the practical basis for the clear condition of probation discussions.The second part is the discussion on the "the probation is applied to criminals who are sentenced with less than three years fixed-term imprisonment or detention". This section defines the probation subject the pros and cons. The front is mainly on provisions of the existing criminal law, the judicial interpretation including the Supreme Court Sentencing Guidelines(quasi-judicial interpretation), comparision with other countries, the relevant theory at home and abroad. It comes into a conclusion that the existing criminal law on the establishment of prison conditions still needs improvement. The opposite discussion aims at clarifying the exclusion of probation, including the demonstration of recidivist, crime group ringleaders shall not be sentenced with probation.The third part debates about the important condition "less serious crimes". This part mainly interpret the connotation of the circumstances of the crime. In other words, it cards the on different definitions of scholars, clearly defines the connotation and features of circumstances of crime. And on this basis, by further defining the less serious crime, the relationship between behavior and responsibility is clearly.The fourth part is the three basic conditions "show repentance, there is no risk of re-offending, and no significant adverse impact on the residential community," Repentance means the offender committed the crime and regret for that, show repentance is refers to the outside of the psychological, which manifests itself outside of the offender to take the initiative to seek the understanding of community; there is no risk of re-offending must by make a scientific assessment of personality, rather than intuition or assumptions; probation is inherently risky, the judgement of "no significant adverse impact on the residential community" is taken from the criminal nature, extent, object of crime, repentance extent, understanding of the victim, education and employment conditions and so on.The fifth part launches expansion analysis to exceptions of probation. According to the current criminal law, under the equal conditions the elderly, minors, pregnant women shall be sentenced with probation. These three types of people the concept of object are not difficult to determine the standard. Relatively speaking, the analysis of "shall" and "may" is more valuable, while the latter involves probation conditions response, therefore in this paper it is extend analysis.The sixth part is the conclusion. Brief summary of the provisions of Article 72 of the Criminal Code of the five probation conditions. Clear the logical association between the five conditions. In short, the first three conditions are fact conditions, the latter two conditions is conditions based on the fact.