| Probation is a criminal offender who offends the criminal law,which is declared guilty by the legal procedure,and does not carry out the punishment which is sentenced to punishment,and the criminal elements are placed in the society to correct the punishment.The application of probation is legal,reasonable or not,which directly affects whether the person’s person is actually detained or not,and indirectly affects the views of the victim on the credibility of the judiciary.However,due to various reasons,there are many problems in the application of probation,which seriously affects the function of probation.Therefore,through the collection,analysis and arrangement of the case data of a large number of probation cases in the people’s Court of the J District of Wuhan,the characteristics of the application of the probation are summarized.On the basis of this,the application of probation is found,and the reasons for the probation are analyzed and the suggestions are put forward to improve the legislation,judicial application and implementation of probation in our country.For useful advice.This article is divided into the following three parts:The first part takes the probation cases of people’s court in J District of Wuhan as a sample,summarizing and analyzing the general judicial status of probation.Through the comparison between the horizontal and vertical classification of the large data of the probation cases of the court from 2015 to 2017,it is found that the probation of the people’s court in the J District of Wuhan city is applicable to the types of criminal types,the application of the case probation,the low proportion of probation,the active payment of the fine,the reparation of the stolen goods and the conclusion of the probation for understanding.The characteristics of higher proportion.The second part,aiming at the characteristics of the application of probation in people’s Court of J District of Wuhan,summarizes the application of probation and reflects the reasons.The application of probation is concentrated on the application of probation,randomness,narrow scope of probation and application of probation.The main reasons for these problems are as follows:first,the adjudicator is backward in applying probation concept,considering the bad consequences of probation and the lack of probation,and two is the existence of the substantive norms of probation,which is embodied in the law is too abstract for "the danger of no more crime" and the application of probation."There is no major adverse impact on the community in which the residential community has no definite definition";three is the defects of the probation application procedure,which is basically the trial party to apply the probation right alone,the lack of independent probation procedures,the probation procedure is opaque,and so on;four is the probation investigation into the form,the actual effect in turn affects the judge in the decision is The attitude of probation is not applicable.The third part focuses on the application of probation in judicial practice,and puts forward targeted countermeasures.First,in strengthening the consciousness of the adjudicator’s probation,it is suggested to renew the judicial idea of the referee from the subjective consciousness of the referee,and to encourage the referee to actively improve the probation application rate.Secondly,in order to improve the relevant regulations of Probation Legislation,in order to solve the problems of the current probation system,we should refine the substantive conditions of probation,establish the probation sentencing guidance system,relax the scope of probation,and increase the type of probation.Thirdly,in order to improve the judicial procedure applicable to probation,in order to guarantee the justice,public and public participation of the probation,it is suggested to establish an independent probation and sentencing and hearing procedure and to break the internal examination and approval procedure of the opaque court.Finally,in order to improve the implementation of the probation system,in order to strengthen the effective supervision and socialization of criminals,it is suggested to enrich the content of probation investigation,to add individualized probation attachment and to establish a probation guarantee system. |
