The Research Of Probation Applied Conditions In Our Country

Modern probation system originates from the middle of the 19 th century the United States,one and a half centuries,probation system for its humane and timeliness is popular around the world.In modern penal system developed countries,with wider range of probation applicable objects,the generally high utilization rate of probation,the probation applicable aspect has many places worth our using for reference,such as the United States and other countries to establish a set of probation the personality investigation system and the probation before the hearing system and so on,the study on probation applicable conditions in China is of high reference value.In the process of criminal legislation in our country,the probation system was the development of large,on the provisions of the applicable conditions also begins with a comparison of a single,fuzzy to the present relatively clear,specific,probation utilization was improved significantly.Since this century,our country on probation applicable condition results in both the quantity and quality,has made significant breakthrough.Theory for probation applicable conditions of relevant research results,not only in the theoretical circle of law has a larger influence,and cause the attention of national legislative and judicial organs.The suitable conditions for academic probation of in-depth and extensive research,to promote the reform to perfect the probation system in our country.This thesis starting with the legislative evolution of probation application condition in China is to is expounded,including the "criminal law" after the founding of new China to 1979 between the probation applicable conditions,"criminal law" in 1979 to probation the provisions of the applicable conditions of probation "criminal law" in 1997 to more clear and specific provisions of the applicable conditions of and 2011 of the criminal law amendment(eight)"on the adjustment of the applicable conditions of probation to make a more comprehensive,made clear the suitable conditions,nature conditions in the form of probation and rule out conditions.The second part is about the current conditions of probation for the interpretation and evaluation,respectively,for the form of probation applicable conditions,nature conditions,eliminate one by one,the interpretation of the contents and theory,it is concluded that during probation applicable in our country,the form condition and exclude the application of the more perfect,but the nature of probation applicable conditions are not completed,for example,"criminal law amendment(eight)" regulation,to probation is the essence of the applicable conditions of probation social risk does not occur.This provision is too principle and abstract,no unified standard,not only conducive to the judicial organs to grasp and operate,and is not conducive to supervise,could easily lead to judge due to personal likes and dislikes,or to determine the personal dangerous criminal offender identity to high and low,and eventually led to the abuse of discretion.On this basis,this article third part of probation application condition in China is further put forward some Suggestions,because of the "criminal law amendment(eight)" regulation,for probation applicable conditions and ruled out in the form of relatively perfect,this part mainly focus on the perfection of the nature of probation applicable conditions in our country do.Finally,in our country on probation for the standardization of the essential conditions of judgment on the introduction of western society personal risk assessment system,through introduction,positive significance for personal risk assessment and its real conditions of probation in our country apply judgment in the aspects such as concrete application to demonstrate personal risk assessment for probation for important role in our country.Probation system suitable to our country's judicial practice is of great significance,this article through to research of probation applied conditions in our country,and combining the relevant judicial cases,questionnaires,etc.,make probation applicable conditions further perfected and standardized assessments of the study,in order to help to improve probation applicable conditions in China,also hope that the probation system can better play its role in the judicial practice.