On The War-time Probation System

The war-time probation system,as the peculiar penalty system of china, appeared in Provisional Regulations Regarding the Punishment Upon Army men Committing Crimes of Neglecting Their Duties, the People's Republic of China issued in 1 January, 1982. According to the regulation, during the war, if the criminal army men subjected to imprisonment for not more than three years constitutes no actual dangerous, they are allowed to render meritorious service to amend their guilt. If they really render meritorious deeds, the origin penalty can be overruled. The revised criminal law of 1997 copied the rules as the article 449. The war-time probation system experienced the trace from war-time rendering meritorious service system in the sense of pure military to a penalty system. But this kind of change and development just show in the articles of criminal law. The war-time probation system is often seen as the war-time rendering meritorious service system by mistake in people's idea and the actual judicial practice. The mistaken idea rooted in the absence of law in the army for a long time. And the principles of army are law, the military commanding power engaged in the military judicial system.The war-time probation system is kind of special probation system based on the common probation system. Meanwhile, it is also an extermination system of previous criminal record. And the military interests are its most important value. The penalty can not beyond the boundary of justice and utility, and the war-time probation system also can not be except. Chinese criminal law not only defines the"war-time"in the sense of criminal law, but also defines"army men", the special applied object of the war-time probation system. The terms of war-time and army men not only make sense in military but also have the meaning in criminal law. And so did the rendering meritorious service. In view of the non-detailed definition to the above terms in Chinese criminal law and they are necessary in the application of the war-time probation system, there is a need for making deep study to them. the war-time probation system are different in applying time, applying object, applying requirements, probation period , the pronouncing procedure and authority, legal consequence with some probation system. Only when all these aspects are provided, the war-time probation system can be practiced.