A Preliminary Analysis Of Treatment Of Criminals On Probation To Commit A New Crime Or To Be Discovered A Omitted Crime

With the progress of society and the development of economy,the proportion of the probation of criminals in China has been increasing year by year.In judicial practice,the proportion of criminals who have been sentenced and get probation is higher.Although clear provisions of application of probation has been made in the"Criminal law amendments(VIII)",the "no risk of further crimes" and other conditions are not clearly stated.Also unclearly stated is the community correction of criminals under probation.Due to the uneven development of economic development in various regions of our country,and the improvement needed of community corrections and other reasons,it's till common for criminals under probation to commit new crimes or to be discovered of missed crimes.For this phenomenon,China's existing laws is not clear,and there is still much room for research.I would like to elaborate on this issue in this thesis.This thesis is divided into four parts,with the main structure as follows:The first part introduces the status quo of the probation system.The probation system is a conditional system that does not carry out the original sentence.It is a kind of penalty system which exists in the world and is widely used.Currently in China,the probation system is widely applied,and the conditions applicable cover a more general and not so clearly stated range.After getting the probation,the criminals are under the supervision of the community correction agencies.Since the community correction system is imperfect,it's till common for criminals under probation to commit new crimes or to be discovered of missed crimes.It's a big issue as how to deal with cases of this kind,therefore worth further exploration.The second part introduces the different ways in which the courts of our country deal with criminals under probation to commit new crimes or to be discovered of missed crimes.China's laws on the provisions of the probation system are imperfect and the judges have various understanding of the laws,leading to different sentences of the same case.This part of the thesis elaborates on different ways of dealing a few cases where criminals under probation to commit new crimes or to be discovered of missed crimes and analyses the causes of this problem.The third part expounds the author's view and theoretical basis.Combining the second part of the case and the different judgments,the author analyzes her personal opinion,and supports her opinion with existing legal provisions.The fourth part elaborates on some suggestions on perfecting the system of probation and community correction in our country.Combined with the existing legal provisions and the actual situation,the author puts forward her suggestions on how to prevent the criminals under probation from committing new crimes,as well as how to timely detect cases where old crimes were missed and put them into a sentence together.