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The Discussion of Chinese Probation Application and Perfecting

Author: FuBo
Tutor: FengHuiMin
School: Hebei University
Course: Criminal Law
Keywords: Probation system Application of probation Perfection of Legislation
CLC: D924.13
Type: Master's thesis
Year: 2011
Downloads: 76
Quote: 0
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Abstract


Probation is a very important penal system of China 's criminal law . Probation from the time of its birth , has experienced its exclusion , understanding, acceptance, to esteem this process , China 's long-term tion ' deeply in judicial practice , suspended in China 's implementation of not optimistic , currently , China is in a stage of the construction of a socialist harmonious society , under the guidance of the criminal policy of combining punishment with leniency , how to play to the advantage of the probation system , and its continuous improvement has become a major task before us . China 's legislative and judicial status quo and combined legislative experience abroad , the study focuses on the problem of Probation and improve measures . In the paper , the author first introduces the origin of a probation system , including common law countries , civil law countries , and the course of development of the probation system in China ; elaborated the concept of the probation system , the type of the probation system ; discusses the value of the probation system the system is accompanied by the establishment of the school of criminal society , continue to thrive , it embodies the humanitarian value of the penalty , has important implications on people's freedom , stability, social order, to achieve fairness and justice . Analyzes the status quo of China 's probation system , and pointed out the problems of our probation system , improve our probation legislative proposals , including suspended objects ; substantive conditions of probation ; exclusion of probation conditions ; probation supervision and inspection system ; probation revocation system ; settings probation applies specialized procedures ; to build our probation reconciliation system . Finally , I made ??a number of specific measures to improve our probation system , sound Probation Investigation supporting systems , creation of the attendant obligations of probation , to strengthen probation and expanded social participation rights , strengthen aspects of the Court of clean government to improve the professional capacity of judges .

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CLC: > Political, legal > Legal > Chinese law > Criminal law > General Provisions > The use of penalty
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