Research About The Analysis & Countermeasures Of Recidivism

Probation is contemporary the darling of the penal system, it is the basic form of community punishment, not only make up for the disadvantages of short-term freedom penalty, and to carry out the criminal policy of tempering justice with mercy, saving judicial resources, to promote the execution of humanitarian, has very important value. Probation in our country has played a more and more important role in criminal justice. In recent years, the probation applicable rate rising, has obtained the good legal effect and social effect. But, as a result of probation system in our country started relatively late, the hard to avoid in the process of development of all kinds of problems. In the legislative level, single type of probation system in China, the nature of probation applicable condition lack of operability. "Criminal law amendment might issued before the probation standard is" applicable probation does not harm society "again, this standard is too general and vague; "Criminal law amendment might further clear, the original standard will be lighter," the circumstances of the crime is in danger of penitence performance, no crime, probation, no significant adverse effects to the community "as a probation applicable standards, compared to before the applicable standards," criminal law amendment might probation applicable standards are relatively more detailed. But in probation for practice, especially in the basic people’s courts, the people judge on probation is still face various problems, probation applicable standard is difficult to grasp, operability is not strong, whether a case can be sentenced to probation is difficult to grasp, on probation for mainly from whether has the legal circumstances and discretion to consider, such as surrender, such as an accessory, whether the supplementary punishments in place. In the judicial level, the grass-roots court "internal habit", "internal regulation" influence probation, probation sentencing procedures. In probation for challenges, probation system is not perfect, community correction system applicable to be extensive, lack of procedural safeguards. All of these problems, its role in limiting the probation. Based on F county in jiangxi province in 2009-2014 of the people’s court probation applicable data as sample, on the six years probation applies to conduct a comprehensive analysis, summarized the probation applicable characteristics, summarizes the problems existing in the basic people’s court probation applies, and puts forward Suggestions to improve the probation applicable for the existing problems and countermeasures.This article is divided into four parts. The first part of the probation system is reviewed, and expounds the probation for prevailing conditions, material conditions, eliminate the provisions of the conditions and special subject should be suspended. The second part to the author’s own F county court probation applicable data in 2009-2014 as the breakthrough point, summarized the hospital in the six years of probation applicable characteristics, mainly for:the cases of probation for increasing trend year by year; Relatively stable probation applicable rate; Probation case type; The defendant have criminal record shall be ruled out for probation; Outsiders probation applicable rate obviously on the low side; The application of the probation is subject to the types of compulsory measures; Probation more suitable considering the circumstances. On this basis, the third part summarizes the problems existing in the grass-roots court probation applies. The fourth part is the focus of this article, in view of the problems existing in the grass-roots court probation applicable put forward the corresponding countermeasures and Suggestions:in the legislative level, the rich probation type, set up a moratorium on the convicted slow probation, the criminal negligence in the scope of the "should be suspended" to further perfect the probation applicable substantive condition, make it more be judgment; In the judicial level, break the court internal habit, the unreasonable factors in the internal rules, add probation decided to hearing procedure; In the law enforcement level, perfect the probation investigation content, enhance the publicity of community correction, set up special organs of community correction.