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Probation system

Author: LiuQingZuo
Tutor: XuJiuSheng
School: China University of Political Science
Course: Legal
Keywords: Probation Probation system Types of probation Probation value Applicable conditions
CLC: D924.1
Type: Master's thesis
Year: 2011
Downloads: 122
Quote: 0
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Abstract


Suspended for the emergence and development of its special history and social environment, and has gradually become an important criminal justice system of the world today. Compared to the traditional, to restrict the personal freedom of a sentence of imprisonment, suspended for rehabilitation, crime prevention, judicial economy, stable social and other aspects of the effect is significant in bringing criminals. Values ??makes his sentence, humane and rational, ease probation since the date in high regard respected. Shorter probation system of the rule of law in China started late legislation, the legislative provisions of the probation system is too simple in principle. With the continuous progress of the process of the socialist legal system, we should think about how to improve our probation system Penal Code. Based on the above considerations, the paper explore the historical origins of the probation system, concept, types and values ??probation foreign legislation applicable experience, analysis of a number of issues on our probation system and make recommendations. This article is divided into a total of four parts, the main contents are described below: an overview of the first part of the probation system. First, starting from the historical origins of the probation system, highlighting the foreign origin and transformation of the probation system, including the historical origins of the two types of common law and civil law system of probation; and the emergence and development of our probation system. And then refer to different scholars on the definition of the concept of probation and the provisions of the relevant laws and regulations, difference. Final details of the two different types of Probation System: suspension of the criminal law suspend the declaration and criminal law, and briefly describes the type of the current probation system by comparing the author's point of view. The second part, the theoretical basis of the probation system and value. Describes the theoretical origins of the probation system; Educational Penalty thought the penalty Humility and ideological and criminal policy aspects and then analyzed the value of the probation system to make up for the defects of the short-term free sentence probation humanitarian promote criminals The third part of the value of socialization, and save the country's execution resources, our probation system applies. Mainly introduced from the formal requirements and the substantial elements of the probation system applicable legal requirements. Comparison of the relevant provisions of the law, and analysis of formal requirements and the substantial elements of the legislation and applicable. The fourth part, improve our probation system Reflections. Through the front part of the introduction and discussed to identify contentious issue in the probation system in China and imperfections, learn from the advanced experience of foreign-related, combined with China's national conditions and make recommendations accordingly.

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