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In the Probation of the Problems and Improve

Author: TanBinHua
Tutor: DengWenLi
School: Hunan Normal University
Course: Legal
Keywords: Probation defects perfect
CLC: D924.1
Type: Master's thesis
Year: 2010
Downloads: 84
Quote: 0
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Abstract


Probation system, which came from Medival Europe, has now become a universal pentaly system in most nations. Probation fully relects today’s trend of penalty and the legal values like freedom, order, human rights and justice. China’s Criminal law also provided the applicable conditions, legal consequences and investigate contents of the Probation. This system is currently used in some economic crimes and negligent crimes that have light circumtances and little hazard.However, there are still certain defects exist not only the legislation but also the practice conditions. For example, in the terms of the conditions of the probation, the legislation is unscientific, unclear and lack of transparency and openness procedural norms. Also, in tems of judical practice, there are too much job-related crimes applicate the prabation and the judges have too much discretion. In addition, our country doesn’t set the special inspection authority and institutionlized test specification for the probationer. In order to play the irreplaceable function of the probation, we’d better remedy the system from regislation to practice. Specifically, in terms of legislation, we should make the existing rules clear and consider of adding the Elimination of Criminal Record. For the procedures, we can establish the related hearing system to increase the transparency of the operation process. As for study tours, governments should set up special investigate organizations, enrich the content of the inspection and perfect the delivery and implementation system for the probationers.

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