Study On Legislative Improvement About The Conditions Of Chinese Suspension Of Sentence

This paper begins with the limitations about China's Suspension of Sentence's using conditions, by using legislative experience for reference, offer some legislative suggestions about improvement of China's Suspension of Sentence's using conditions. This paper includes three parts:The first part includes China's Suspension of Sentence's using conditions and its limitations. In the prescription of Criminal Law, China's Suspension of Sentence's using conditions can be divided into three kinds: formal condition, essential condition and suppressive condition. The formal condition is"the one be sentenced to criminal detention or to fixed-term imprisonment of not more than three years", the essential condition is"according to the circumstances of his crimes and his demonstration of repentance", suppressive condition is"recidivists and some circumstances of the crime of corruption, bribery and defalcation."China's Suspension of Sentence's using conditions have limitations in this three conditions: the condition of kind of punishment is not reasonable and has no prescript of other conditions; it is unreasonable to judge whether one criminal will not result in further harm to society only according to the circumstances of his crime and his demonstration of repentance; the norm of"will not result in further harm to society"is too abstract and has too much subjectivity; suppressive condition has no limit and has prescript about recommit and habitual offender.The second part is foreign reference of legislative improvement about China's Suspension of Sentence's using conditions. This part mainly review some countries or areas'the Suspension of Sentence's using conditions of the continental law system and the Anglo-America law system. The former part including the Suspension of Sentence's using conditions of Germany, France and Japan s. The latter part including the Suspension of Sentence's using conditions of U.K, U.S, Canada, the special Hong Kong region of China, Russian and the Taiwan region of China. By study ,this paper hold the views : our Suspension of Sentence's using conditions should take other countries and regions'legislative prescript for conference; adding Fines and other conational requests to the condition of kind of punishment; dividing the essential condition into more concrete conditions; prescribing exclusive accusals in suppressive condition. The third part gives legislative suggestions about China's Suspension of Sentence's using conditions. This part also discusses the legislative suggestions of improving China's Suspension of Sentence's using conditions from three aspects In formal conditions , it should be put Fines into the range of the kind of punishment which can applied to Suspension of Sentence. In essential conditions, it should be specialized usual circumstances which should be applied to Suspension of Sentence and set procedures of investigating the personality of criminals. In suppressive conditions, it should be clarified that recommit and habitual offender can not be applied to Suspension of Sentence.