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On the substantive conditions of probation

Author: ZhouSi
Tutor: ZhaoTianHong
School: China University of Political Science
Course: Criminal Law
Keywords: Probation system Applicable substantive conditions Criminal Policy
CLC: D924.1
Type: Master's thesis
Year: 2011
Downloads: 157
Quote: 0
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Abstract


Probation system penal system as an important part of its implementation of non-custodial sentence characteristics make up the short-term free sentence many problems, and therefore favored by the majority of the world countries. Current national criminal law penalties probation are suspended declaration gentle I sue suspended sentence of three. China's criminal law provides only for stay of execution of sentence. Our probation system is a condition attached to a system does not perform the original sentence, it reflects the humane criminal law, humanities and humble spirit, to prevent criminal recidivism has an important role, and thus become an important criminal legal system. In this paper, our probation system is applicable to the substantive conditions of probation as an entry point to China conducted a preliminary analysis of the system and make some reform proposals. This paper analyzes the basic theory to the problem probation system as a starting point, first discusses the concept of probation, the applicable conditions of probation, suspended the application of value and highlighted substantive conditions of probation for the important theoretical and practical significance. Secondly, on the substantive conditions of probation system applicable status quo, first to the law of perspective to the substantive conditions of probation legislative investigation, from the legislative point of view of a preliminary summary of the existing legal provisions pointed out the inadequacy of the basis of proposed legislative reform proposals probation. In this section, this paper has just enacted the Criminal Law Amendment eight pairs of probation conditions applicable substantive modifications carried out a preliminary analysis and interpretation. Again, from the substantive conditions of probation for the current situation of judicial practice, taken from the case for empirical analysis, summed, based on the substantive conditions for the application of justice in a reflection. Then, through the country (region) of the substantive conditions of probation for analysis, proposed the idea of ??drawing them. Finally, combined with China's current criminal policy of combining punishment with leniency requirements, analyzes its substantive conditions on probation for guiding significance, and how to achieve their probation under the guidance of rationalization. And, the article for the \Which contains, in its intentions regarding this concept of Chinese modern judicial probation system applicable substantive conditions improve vision.

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