Study On The System Of Assessment About Community’s Impact In Probation System In China

"The eighth Criminal amendment" changes a lot of the real conditions of probation inChina. Among them,” no significant adverse effects on the community” had soliciting obviouschange in the judicial practice: which is on trial in juvenile justice, social investigation reportsystem has been extended to the probation of discretion, in order to judge the conditionWhether the probation will produce adverse effects on the community. But, without aUniform code, a word or two which dispersed in different laws and regulations, can notsatisfies the demand of promotion of the system in probation. To solve it, this paper tries toshow a panorama of the system applied to probation, and puts forwards the correspondingstrategies in the light of problem existing in judicial practice.This paper, about thirty-five thousand characters. consists of five parts,through whichthis paper discusses the present situation and problems of the system of community impactassessment in the probation.Part one is introduction. This one introduces the background in which the communityimpact assessment has been applied to probation discretion, the connotation of the system,and the relationship between community impact assessment and social investigation report.Using above introduction, part one paves a way for the following content.Part two is a investigation, through which we can have a good knowledge about thesystem of community impact assessment in probation in China. This investigation is based onthe comparison of the specific details of the laws and regulations of our country and someprovinces and cities. This part introduces many details of the system, such as the specificapplication of assessment, subjects relating to, Assessment factors, Assessment procedures,The examination and adoption of conclusions, the supervision in assessment, The legalresponsibility of the assessment staff.Part three, which is the core part in this paper. Based on the above, and Combined withempirical research in J city, Sichuan province, this part have a thorough analysis aboutexisting inadequacy in the system of community assessment. In the absence of a Uniformcode, there are many problems in assessment’s details,which are tested by the empiricalresults.Such as, there has no mandatory requirements that the system is applied at random; thehabitual residence application principle can not solve the problem that outsiders have a low rate of probation; subjects in assessment are too uniform; the design of assessment have noindividual characteristics and the results seems all same; there have some unscientific detailswhich lead to a adverse effect; the supervision of assessment do not match; in judicial practice,the function of the assessment have a huge change; and the legal nature of the assessedconclusion is unknown.Part four is focus on the improvement suggestions. On the premise of the necessary for auniform code, this part provides some advices for problems in part three.Such as, addmandatory requirements in system and reduce unnecessary regional differences; make sure tospecific the condition-it’s necessary to investigate the effects in community, and try torationalize judicial resources distribution; in order to make sure outsiders are equal before thelaw, do remove the limit of Household register and the habitual residence applicationprinciple. Besides, improving the relevant subject is indispensable to have a clear division oflabor. Try to design different between assessments and show some characteristics in results.Improve the supervision, and add special fund. Make clear that the nature of assessmentresults are not evidences, but these should be showed and proved in trials.Part five is the last conclusion, in which there is a summary about shortages in this paper.Whether this study, or the system itself, is too young that we must focus on it to solve newproblems.