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Look From The Probation System Of The World Development Trend Of China’s Probation System Reform

Posted on:2016-05-22Degree:MasterType:Thesis
Country:ChinaCandidate:H W YangFull Text:PDF
GTID:2296330482963921Subject:Law
Abstract/Summary:PDF Full Text Request
Application rate of probation become a hot topic recently, the main result is application rate should be promoted, while most of papers haven’t clarified the crime. As a result, this paper would highlight the essence of probation by tracing background of probation, analyzing structure and drawing lessons from the Common-Law and Civil-Law. At the same time, characteristic of Chinese probation would be the key point of this paper. Finally, some suggestionagainst the problem of Chinese probation would be supplied.As the result of humanized law, Probation system become to the basic constitution of criminal law. For years, the probation system in western countries has been improving, lead to highly application rate. Compared with the western countries, our application rate of probation is low. Therefore, majority of the domestic papers on probation highlight promoting the probability of probation. But these suggestions ignored the fact of criminal characteristics and social situation in China.This paper traced back to the very start point of probation, at the same time, all of the analysis in this paper is based on the assumption. Augustus Corrientes is the symbol of modern probation, its success was on condition of clear responsibility and effective supervision. From the point of institutional design of probation, there are three parts of perfect probation, they are investigation before judge, clear supervision and evaluation after the probate. While the improvement of probation in western countries proved this. According to the western experience, it’s necessary to found the institution of the presentence investigation report, define practice of probation and supervision. At the same time, range of probation, condition of cancel is varied according to culture and crime characteristic.It’s deep into reform in China, economic crime and duty crime is spread without restriction, burglary and physical injury is not rising. While probation is common in the economic crime and duty crime, the other kind of crime is differently on probation. Meanwhile, there is discrimination on probation in area and Hukou, which is not bad for authority of law. It’s necessary to improve institution of probation from pre-judge, judge and supervision, such as found the institution of the presentence investigation report, and define practice of probation and supervision.This paper is arranged by following: the preface is about meaning and method of this paper. The first chapter traced back to the beginning of probation, and logic of design. Probation of Common-Law and Civil-Law is introduced in chapter two. The third chapter highlights the modern crime characteristic in China, and the flaw of probation. The forth chapter is suggestion about improve probation in China. Finally, conclusion is the main result of this paper.
Keywords/Search Tags:probation in Common-Law and Civil-Law, character of Chinese probation, the presentence investigation report, supervision of probation
PDF Full Text Request
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