The Establishment Conditions Of Recidivism-a Study Of The Amendment Ⅷ To The Criminal Law

As two special groups of today’s society, juveniles and aged citizens are getting the care and attention of more and more people because of their special position and living conditions. However, the crime rate of these two groups is relatively high. Therefore, it has been an urgent subject to prevent these people from committing crimes and fully protect their interests. Undoubtedly, probationary suspension system as well as its design philosophy have balanced these concerns and therefore contributed to solve the problem.Probationary suspension system means stipulating a probation period instead of executing the punishment immediately after the sentence, if the offenders behave well enough to satisfy the expected standards, then the punishment will not be executed. If this system is implemented, it will not only have a positive effect on the offender, but also help to unify families and to stabilize the society.However, the practical implementation is not satisfying, on one hand, the laws on probation facing difficulties on operation and considerations in terms of actual interests, causing the juveniles and aged citizens are not forcefully protected, on the other hand, related regulations of the system is now not complete, which constricts its protecting functions. The text will analyze the probationary suspension system meanly on five aspects, from the origin to the current development of the system, to get inspirations from the evolvement of the system, to figure out the correct direction from the faultiness, thus advancing suggestions on improving the protecting functions of probationary suspension system to juveniles and aged citizens, which it should have performed.The first part of the article meanly described the definition and reform process of the probation system. In terms of both home and abroad, the article interpreted the theoretical and historical background of the definition of probation, and starting motive of the system in a rough way, grabbed the gist of it and finally concluded that:"The probation system is closely related to the progress of human society and the time. The probation system shined the light of humanity back in ancient time and represents human right protection in modern society, the emergence and development of which was undoubtedly based on the concept of’humanism’. We can say that the existence of the system just provides a chance of straightening up and realizing personal development to the criminal committed minor crimes, which exactly mirrors the Criminal principle of our country:combining punishment with tolerance and persuasion. It plays an important role in the enforcement of our criminal law." This conclusion, provides theoretical support to the following discussions of necessity of improving probation system for vulnerable groups.The second part meanly summarized the stipulations on applying probation to the vulnerable groups, i.e. the juveniles and the aged citizens, and interpreted the concerning regulations in Amendment VIII of the Criminal Law, then concluded the difference between the new law and the old one by comparing them. This part also reached to the spirit and principles of the change.Based on the former, the third part interpreted the regular conditions of applying probation on special subjects in independent terms. The part further cleared the applicable levels of the system by demonstrating it from both inclusion and exclusion criteria.The forth part, based on the subjective demonstrations of the first three parts, reached down to the jurisprudential level, discussed the potential value of stipulating the system specially, and concluded that:probation system is part of the trend of social development. In modern society, interests of different part are getting complicated, contradictions emerging here and there. On this basis, a relatively tolerance criminal policy could be applied to ease those contradictions and promote social harmony. Meanwhile, the boundedness and insufficient are also analyzed.The fifth part are corresponding suggestion of the boundedness and insufficient drow out in the former part. As for juveniles, the system is meanly demonstrated in terms of adding legislation protection, increasing the celling of imprisonment, detailing applicable criteria, completing inspection and supervision mechanism; and also, age for criminal responsibility, sentencing and execution are for the aged citizens.