Criminal Negligence Of Probation Of Problem Analysis And Solution

Probation is an important penalty alternative measures,but in our country in the criminal negligence of probation applicable legislation,application and exist all sorts of problems in the supervisory work and so on,affect the punishment should have the function,therefore has drawn academia.The author to our country criminal negligence of probation and execution problem as a topic,the purpose is to through the way of investigation statistics reflects many problems existing in current judicial work,for example: applicable to criminal negligence sentencing inequality,probation excessive,excessive,prevention and crackdown is not enough,the judge's subjective evaluation function is too large,before work opaque and sentenced to probation for lack of the community survey found after failing to inspection and supervision and so on.16 grass-roots court of the place where the author of 2012 to 2016 in the first half of probation applies to conduct a comprehensive investigation and analysis,this paper expounds on probation in applicable and the cause of the problems that exist in the regulatory process,strive to explore the method to solve the above problem.This paper consists of introduction,text and conclusion of three parts.Body part,the author through to the data statistics and summary,apply to the probation of criminal negligence by the status quo analysis of the characteristics of research,found that one of the problems and causes,and put forward how the criminal negligence probation are their views.The first part,the article first from the author's collection of 2012 to 2016,the city before June 16 basic court criminal negligence cases of justice statistics,a detailed analysis of one of the most common serious injury(death)traffic accident,negligence,the fire water(negligence),the significant accident sentenced to a punishment of criminal negligence cases such as the characteristics of and through the data analysis of probation applicable trend of criminal negligence,to reflect the object of study highlights many characteristics.The second part,through to summarize the probation applicable characteristics of criminal negligence,bring forward many problems appeared in the judicial practice,such as: uneven of negligent crime sentencing,probation for excessive,excessive;Prevention and crackdown is not enough,resulting in negligence cases can be increased;The judge's subjective evaluation function is too big,probation applicable work opaque;Convicted former lack of community investigation,after its failure to inspection and supervision.Through the summary of the above problems,and puts forward the causes of problems including: justice,negligent crime;and the social public's perception of the Probation legislation,the lack of objective evaluation criteria;Judicial level can't correctly handle the relationship between from light plot and applicable probation,probation applicable procedure is not transparent,the lack of the standardization of the probation sentencing opinions and the negligent crime of probation problems such as poor regulation;Adverse factors such as social level.The third part,combining the above illustrate the criminal negligence of probation for the existing problems and causes,puts forward concrete Suggestions,mainly includes: on the ideological level: changing ideas,set up the correct judgment consciousness;Explain in the legislative level,perfect the probation legislation,criminal negligence probation applicable standards;On the judicial level,improve the convicted former community investigation mechanism,standardize judicial practices,serious negligence criminal trial and execution;At the social level: to create a good legal environment,etc.Integral according to the practice-in this paper the structure of the theory,practice,layer by layer from the first criminal negligence probation applicable practice of trial,the problems induced by judicial statistics and cause analysis,put forward to perfect the proposal.Around the above problems,the article USES the method of comparative analysis,deductive reasoning and inductive analysis method,in order to address the issue of more clear,to improve the state of our country's criminal negligence of probation for help.