The Practical Obstacles And Perfection Of The Probation System Of China

Probation,which aims at rectifying crimes and educating the criminal,is an effective supplement for the short-term liberty-deprived penalty.Thus,whether the goal could be achieved lies in how well the system can go.Irregularities about the application of probation vary respectively when comes to period,situation,target and measurement of penalty in practice,which would impair the function of probation as well as damage the authority of jurisdiction.Three aspects lead to the current situation. In terms of legislation,provisons about applicable rules of probation isn’t explicit,which results in the abuse of discretion. When it comes to operation of laws,phenomenon of same situation with different sentences are often seen.Effective supervison when the system is operated is lacked,not mentioned applied results.Elasticity of criminal policies has an obvious influence towards the application of probation, which threatens the predicabilty of law.Given the above lessons,we can learn a lot from abroad,whether the Anglo-America or the Continent.Either the explicit and rigorous provisions of probation or systematic and detailed rules about observation, is the wisdom of our predecessors.Combining overseas experiences with Chinese practice,we should improve the standardization of probation from three aspects:legislative construction,judicial system and guidance to criminal policies.On legislative aspect.First,establish and promote pre-trial investigation system. Second, make clear the applied situation.Third,set up hearing procedure in probation system.On judicial aspect.First,found an independent procedure of penalty measurement.Second,perfect community correction system.Third,establish rules that evaluates probation system.On policy aspect.Insist on combining punishment with leniency and popularize the idea of standardization of probation system.Only through the above ways can the probation system be improved.