The Applicable Conditions Of Probation

The probation system,which came into being in the middle of nineteenth Century,is the basic penalty system in our country.As the most typical way of dealing with criminal cases,it is widely used in minor criminal crimes,which is a reasonable and effective mechanism.It is of great significance to the construction of a harmonious society.The legislation of probation system in China started late.In recent years,with the "Leniency","sentencing mitigation","popular social penalty" theory being deeply rooted among the people,the probation system has made great progress,meanwhile,the probation rate increased year by year.However,at the discretion of the judge's grasp of the case,the procedures for the open,transparent and many aspects of supervision mechanism is still lagging behind,the overall level is low,the judicial application is unsatisfactory.At present,China's probation is applicable to individual cases.The rate of the crime of intentional injury,traffic accident crime,dangerous driving crime and other types of crime is significantly higher than other types of crime.At the same time,the larger discretion,also brews soil to judicial corruption and judicial injustice.To this end,China's introduction of the criminal law amendment(eight)in 2011 to the probation system made specific provisions.This paper will combine theory and practice,analyze the special function and the value of probation penalty which is better than the other criminal penalties,and do a comprehensive,systemic,in-depth study on the applicable conditions of probation,which is focused on probation restrictions.The unreasonable probationary sentence situation existing in the judicial practice will be discussed,summarized and empirical analyzed too.