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The Applicable Conditions for Probation and their Determination

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DOI: 10.23977/law.2023.021223 | Downloads: 7 | Views: 390

Author(s)

Cong Wen 1

Affiliation(s)

1 School of Marine Laws and Humanities, Dalian Ocean University, 52 Heishijiao Street, Dalian, China

Corresponding Author

Cong Wen

ABSTRACT

Probation is a crucial penalty enforcement system in China's criminal law and a common legal issue encountered in criminal trial practice. In trial practice, incorrect understanding and determination of probation conditions often result in improper or overly strict application of probation. It is essential to accurately understand and determine the conditions of probation to ensure proper application. Problems arise when the conditions are not met or are too lenient. Therefore, it is crucial to grasp the conditions of probation thoroughly. It is important to have a comprehensive and accurate understanding of the conditions of probation in order to correctly apply probation. Therefore, this paper provides an in-depth discussion of the conditions for applying probation, aiming at fully and accurately understand them. Additionally, the concept of discretionary conditions of probation is introduced. These efforts aim at at promoting the application of the probation system and contribute to the development of a rule of law society and the realization of judicial justice.

KEYWORDS

Probation, application, determination

CITE THIS PAPER

Cong Wen, The Applicable Conditions for Probation and their Determination. Science of Law Journal (2023) Vol. 2: 157-163. DOI: http://dx.doi.org/DOI: 10.23977/law.2023.021223.

REFERENCES

[1] Chen Xi. The Unified Rationality Basis of Legal Certainty and the Implementation of the Rule of Law [J]. Social Science, 2016(6):14. doi:10.3969/j.issn.0257-5833.2016.06.010. 
[2] Wang BK. Study on probation [M]. Law Press, 2008.
[3] Li Jing. Reform study on the correct application of probation system in China [J]. Law and order exposition (famous expert forum, classic miscellaneous articles), 2022(5):3.
[4] Zhou Hua. On the defects of probation system in China and its improvement [J]. Jiangxi Social Science, 2003(4):4. DOI:10.3969/j.issn.1004-518X.2003.04.043.
[5] Li Wei. Improvement of China's probation system under the modern judicial concept [D]. Jilin University [2023-12-24]. DOI:CNKI:CDMD:1.2008.129128.
[6] Xu Yichao. The significance of the probation system in the United States [J]. Journal of Jiyuan Institute of Vocational Technology, 2015, 14(3):3. DOI:10.3969/j.issn.1672-0342.2015.03.012.

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