An Empirical Study On The Application Of Probation

Originated in the west of probation system to suspend the applicable possibility of punishment and punishment for the characteristics of wide complied with its economization,the development trend of the world has been widely applied in the judicial practice of criminal law of the People's Republic of China(later known as the "criminal law")for a detailed provisions applicable conditions of probation,the probation system did a legally prescribed punishment in the meantime,the theoretical circle of probation system research and the discussion has also been without interruption,scholars on the connotation and the suitable conditions of probation has the original opinion but in practice of probation as a result of probation applicable conditions too principle and applicable problem has also been criticized by theory and practice,therefore,the specification of probation applicable conditions is imperative.The People's court in Xiaodian district of Taiyuan City(later known as the Xiaodian court)every year the number of criminal cases in Taiyuan city districts and counties are ranked first,with strong representative,so this article to store the court as the research samples of the court,in 2013,2015 and 2017,it announced the three annual net in China the written judgment of the judgment as sample,using the methods of empirical analysis,the combination of probation applicable condition,grasps the probation for overall trends,calculating a typical crime,crime of intentional injury for dangerous driving theft and traffic offences)probation applicable rate,summarized the influence factors of probation applicable,active suspension is probation exist probation for analysis of a sin imbalance of probation for lack of necessary sentencing procedures of probation applies fuzzy real conditions and other issues,and analysis of probation apply appear many problems is because the judge significance to the criminal policy of probation for understanding differences,grasp not judge on the essence of the applicable conditions,probation applicable system structure is unreasonable,applicable conditions of fuzzy lack of operability and probation supervision mechanism and the absence of assessment system.Suggestions under the situation of tempering justice with mercy policy guidance,this paper builds probation applicable = positive + negative factors novel pattern,clear limit the circumstances of the crime is lighter on the entity C-have the boundaries of performance and sin no more dangerous,at the same time on the program to expand the participation of the subject scope of probation Improve the system of making the may survey Build slow of the combination of institutional system and perfect the probation supervision mechanism and evaluation system,in order to promote the specifications of the system of probation for development,thus promote the criminal judicial civilization in China.