Investigation Report On The Application Of Probation In D County Of Liaoning Province

Since the 20th century,the development of mitigation of penalty has been in full swing.As one of the important forms of mitigation of penalty,probation has been widely used in judicial practice in various countries.Probation with the characteristics of socialization and individualization not only makes up for the disadvantages of short-term free punishment,but also coincides with the spiritual core of China's policy of Combining Leniency with strictness,so it plays a decisive role.However,there are many problems in probation in judicial practice,which limit the function of probation.The purpose of this paper which takes D County of Liaoning Province as the analysis sample is to find out the current situation and existing problems of probation application in grassroots procuratorate,analyze the causes of the problems and finally put forward suggestions to solve the problems through collecting and analyzing the data of probation cases.The article is divided into three parts.In the first part,some problems are found in the process of probation application in D County through data analysis,such as low application rate,unbalanced application charges,lower application rate for non-local registered offenders and pretrial detainees.The second part analyzes the causes of the above problems from four aspects.First of all,changes in criminal policy which have a great impact will lead to changes in the application of probation,and the severe crackdown on some crimes has a negative influence on the predictability of the criminal law;Secondly,the ambiguity of the essential elements of the probation application leads to deviations of the judges;Thirdly,the judicial system of probation application is flawed.The imperfect public mechanism has deepened the misunderstanding of the general public on the application of probation.The judges have a excessive discretion,the absence of supervision by the procuratorial organs lead to neglect of trial supervision of probation cases;Finally,the problems of probation inspection also affect the application of probation.Due to the difficult delivery of probation and the lack of a probation guarantee system,the judges have serious concerns about applying probation to non-local registered offenders.The third part of the article gives suggestions for the above problems.Firstly,we should adhere to the concept of the Temper Justice with Mercy Criminal Policy and actively promote the increase of the rate of probation;Secondly,we should rectify the deviations in the understanding and application of the essential elements of probation by court of D County through formulating relevant standards and improving social investigations;Thirdly,in the judicial system applicable to probation,the transparency of probation cases can be improved through the live broadcast of court trial and the reasoning of the judgment on the discretion part of probation to supervise and evaluate the discretion of the judge.And strengthening supervision of the procuratorate can be used to regulate the application of probation;Finally,we should improve the relevant system of probation investigation and build a diversified probation investigation system,so that all organs can achieve seamless connection in the probation investigation.The probation guarantee system should be added to alleviate the judges' concerns about the supervision of non-local offenders,so as to ensure that the application of probation is not affected by the household registration factor and that "equal treatment" can be given to non-local registered offenders.