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An Empirical Study on China’s Probation System

Author: LiuLiHua
Tutor: LuQinZhong
School: East China University of Political Science
Course: Legal
Keywords: Judicial practice Application of probation Improve the system
CLC: D924.1
Type: Master's thesis
Year: 2008
Downloads: 59
Quote: 0
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Abstract


Focus from the judicial practice, the status quo of China's probation system, according to the actual inspection of probation, analyzing and sorting out some of the rules and characteristics of probation in the implementation process, and to identify the problems, analyze the problem, and then improve our thinking and recommendations of the probation system. In the analysis section of our probation system status quo, mainly based on recent years all over the country at all levels of the judiciary statistics, according to the logic of induction ideas, to tease out the universally applicable in judicial practice of probation and the proportion has increased annually; probation is widely applicable provisions of criminal law eight chapters counts and relatively concentrated part of the charges; probation and released on bail summary closely related; whose sentence criminals on probation during several features that lower recidivism rate. In the analysis section of probation practice problems, from the angle of the sacred goal of building a harmonious society in China, social parties face probation applicable reflect the development of the world's probation system trends, look at our current probation applicable practice to identify our probation applicable proportion of overall still low, lower rates of offenses against minors placed on probation for corruption, bribery, dereliction of duty and other job-related crimes placed on probation for the high proportion of foreign personnel probation applicable rate is relatively low, suspended the implementation of the five aspects of the regulatory and poor and do some analysis of these problems are deep-seated reasons. On this basis, the author, according to their own practice experience, combined usually learn about the thinking of experts and scholars on probation theoretical research articles harvest, improve our probation system thinking and recommendations from seven aspects: (a) changing ideas actively implement Lenient relative economy of the criminal judicial policy; (b) improve the quality of judges, reasonable to limit its discretion exercised; (c) improve the law, including the perfect application of probation the principles, conditions, range and other specific legal provisions, improve the probation type introduced to suspend the prosecution and suspension of the ruling system, improve probation applicable procedures, the creation of probation hearing and sentenced former personality survey system, improve the probation revocation provisions; (d) the creation of a probation guarantee system; (e) the probation Information Network system; (f) Change on The probation supervision visits the main, and the introduction of the system of community services, (vii) strengthen the oversight functions of the Public Prosecutor's Office of probation. The general idea of ??the article is to actively support the expansion of the probation system applicable, and constantly improve the legal, according to the law. Can take the form of a variety of practice, combined with the development of information technology, innovative regulatory measures Probation, the final penalty Mitigation and social.

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CLC: > Political, legal > Legal > Chinese law > Criminal law > General Provisions
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