Dissertation
Dissertation > Political, legal > Legal > Chinese law > Criminal law > General Provisions

Study on the System of Probation

Author XuXueYing
Tutor ChenZhongLin
School Chongqing University
Course Criminal Law
Keywords Probation system Theoretical basis Comparative Study Perfect Community Correction System
CLC D924.1
Type Master's thesis
Year 2011
Downloads 196
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Probation system originated in Western modern dating back more than 100 years of history, suspended its unique value world countries generally adopted, with the trend of the development of the mitigation of penalty, the probation system increasingly been of the pie. Papers currently on probation in the criminal theory and criminal justice system through the four-part induction, sort out and analyze, from the basic theory of the probation system to the comparative study of Chinese and foreign probation system, and on this basis, that our current probation system exists The main problem, combined with the actual situation in China, some shallow bold idea to improve our current system of probation. Specifically, this paper is divided into four parts, and described the problem: The first part: the basic theory of the probation system. The main part of elaborate few basic theoretical issues of the probation system: History, theoretical foundations, concepts and features, probation value and legal nature. In this section, the author from the probation system and the development of the history explores the probation system for the existence of criminal sociology and criminal policy theory foundation, and explains the concepts and features of the probation system. In this paper, the probation system has important value in the criminal justice, such as avoiding the disadvantages of the short-term free sentence, is conducive to promoting The offender Gaiecongshan conducive to promoting resocialization of criminals, and in line with the penalties for economic principle. For theoretical academic probation the legal nature of the controversy, the author believes that from different angles to understand the results of the probation Specifically, this paper compared endorsed the penalty elimination of the system say that the suspended sentence is a penalty to eliminate system and become similar, as a penalty for the eradication of the pardon of the system, one system and one of the parole system and the penalty system to distinguish the legal nature. Part II: A comparative study of the probation system. In this section, the type of probation, the applicable conditions of supervision missions, revoke conditions in four areas, a comparative study of the law including South Korea, Denmark, Sweden, Germany, France, Russia, the United Kingdom, the United States and other countries on the probation system and judicial precedents. Type of probation, the applicable conditions of supervision visits and probation revocation conditions contrast, the authors summarized the similarities and differences between countries in the probation system, analysis of the pros and cons of the national law, and to provide a reference for the Improvement of the probation system. Part III: the problems of our probation system. This section draws on probation law in other countries, the empirical analysis of China's Criminal Law provides for the probation system, following five more obvious inadequacies of our probation system: first, suspended for a single type. China's Criminal Law only stipulates that the slow implementation of the probation, suspend the declaration did not make provisions. Second, the probation applicable conditions are too abstract. The provisions of the Penal Code, the substance of the applicable conditions of probation is the \no details available for reference, whether to meet the condition is totally dependent on the discretion of the judge, not only to judge caused the difficulties of the applicable law and the prone penalty arbitrariness and abuse of discretion. Third, probation visits too principle, not the operability and the reference value. The Criminal Law is not comprehensive enough to examine the contents of the regulations, simply provide \paid no attention to the cultivation of skills training and psychological health, and makes it difficult to achieve the purpose of rehabilitation of offenders. Fourth, probation revocation is not reasonable conditions. First, the provisions of the Criminal Code to revoke probation \crime and punishment principle of individual deviates from; Secondly, the \Fifth, China's community correction system defects. Cognitive bias exists because of community corrections, resulting in the the applicable Community Corrections execution of convicted persons sinner small share of the total convicted prisoners sinners, a low degree of social recognition. Moreover, the operation of community corrections program can only be based on the \and specifically responsible for corrective work process, how the various stages of convergence, the jurisdiction of how to determine it is blank, can not form a unified procedural requirements of the specification, to the detriment of the seriousness of this serious law enforcement. Part IV: improve our probation system concept. Of combination of \First, the perfect type of our probation. Single type of probation, the paper argues that the declaration of probation, criminal fine, probation, and minors should be additional slow probation margin system. Second, improve the application of the probation. In this paper, can learn a foreign personality survey additional the recidivism prediction of provisions, at the same time recommended that the Criminal Code provisions \Third, to improve the content of the probation investigation. The recommendations should try to enrich the legislative matters and obligations shall abide by the Probation should not only reflect the punitive, but also reflect the educational. Prohibitive provisions and command should require two aspects criminals constraints, personalized requirements at the same time can be made according to the different characteristics of the offender, for example, support for the elderly, child-rearing, ordering the offender to participate in vocational education and training, and the provision of social services . Fourth, improve the system of probation revocation. First, the on probation revoked condition of \Second, the specific circumstances of the clear probation revoked for violation of the expedition under the circumstances should be more clear and specific and quantitative revoked the probation conditions more practical operability. Fifth, improve the system of community corrections. Community Corrections the most fundamental basis is the supreme law, Zuigao Jian, the Ministry of Public Security and the Ministry of Justice jointly issued a \Community Corrections vigorous publicity, so that the people gradually accepted. I also agree that, in order to expand the scope of application of Community Corrections Probation, you can also modify the formal conditions of probation is sentenced to detention, five years imprisonment of criminals. The same time, through the development of the related procedural provisions to compensate for the Probation Community Corrections procedural defects in the notice \

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