Probation Suitable Problem Research

The system of suspension is known as "contemporary penalty system’s pet", since itsbirth is shown vitality, in the countries all over the world in the penalty system occupies anextremely important position. The system of suspension in our criminal law is also animportant system of regulation, in judicial practice by a wide range of application, and in themodification made to light punishment has made certain social effect, however, the practicalapplication still has some drawbacks. This paper starts with real practice, the selection of thejudicial practice is easy to appear the divergent probation suitable problem, from theory tocarry on the analysis, put forward the proposal to practice.The first part, the probation applicable whole is summarized, based on the existing in theprobation for the judicial practice problem analysis, puts forward the system of suspension oftwo problems, one is the legislation, the provisions of the probation is too general, the secondis applicable, probation execution become a mere formality. And emphatically chanchengdistrict, foshan city, guangdong province，combined with the characteristics of the case forprobation, summarized the probation applicable cases including three big kinds, the first kindis in the judicial practice for a long time in accordance with the practice will apply the case ofthe suspension, the second is to open in recent years for the case of the suspension, and thethird class is probation applicable controversial case. At the same time in the process ofhandling in daily contact with two applicable probation case for model, this paper put forwardto solve the problems, including the substantive issues, namely reprieve for the purpose ofpenalty and the matching and the conditions of probation grasp, and procedural problem, thatis, the procuratorial organs in the probation supervision and the applicable suggestion.The second part, this article from the probation applicable in essence, is for the purposeof penalty and the suspension of the matching between the analysis, from the argumentationof the purpose of penalty has punitive and educational two integral basic aspects, summarizesthe system of suspension of punishment tend to design more educational objective realization,at the same time, combined with the typical cases of above concrete analysis for the purposeof penalty and probation to match.Judicial organs in the probation for dispute, in essence belongs to probation for thepurpose of penalty and matching degree measure standard not unified, and the visual now procuratorial organs and the courts in the probation applicable conditions of the different holdon, therefore, the third part, from the probation applicable operation level, based on the authorpractice actually applicable conditions refining, from the crime motive, the circumstances ofthe crime, crime after performance, offender oneself circumstance etc. To put forward in thepractice of the tendentiousness think standard.Finally, the fourth part, based on the program we need to actually applicable start andremedial measures to research, the author combined with practical work the procuratorialorgans, focusing on the analysis of the procuratorial organs in the probation is suggestion andsupervision, from the procuratorial organs suggestion probation supervision and the presentsituation, put forward suggestion probation for the power source and the practice operation,and puts forward the probation supervision for two supervision process, namely to probationsentence of supervision and execution of probation supervision, and put forward thecorresponding way to deal with. Layer upon layer propulsion, in order to our country presentstage probation applicable judicial practice guidance.