A Study Of System Of Probationary Suspension In China

Probationary suspension that a punishment with some conditions does not carry out the former judgment, is a very important content in our penalty system and is called the third mainstay outside penalty and public security disposal, and is considered as an independent penalty reaction method with multivariate role. Probationary suspension reflects not only the punishment theory way of thinking and produces a huge practical benefit. In resent years, system of probationary suspension plays an important role in criminal remorse and reform, preventing decriminalized, reducing the justice cost and stabilizing the society. It prevents the disadvantage of short-term imprison and can protect the benefits of country and people.Compared with other country, the system of probationary suspension legislation in our country developed late and slowly. The performance of the system lags behind not only in the probationary suspension entities, such as the single type of probationary suspension, the relative applied conditions of probationary suspension principle, but also in the probationary suspension procedures and probationary suspension inspection system, such as the transparency of the application of probationary suspension is not high, the main inspection is unreasonable and inspection is unclear. The backward system directly results the behind justice, main in: the strong randomness of probationary suspension; probationary suspension easily applies to judicial corruption; probationary suspension criminal does not get scientifically remedy and so on. The concepts of justice, crime situation, the strike hard criminal policy objectively exist and the unperfected criminal law system of probationary suspension o is also the reason. Using a new way of thinking and argumentation methods to discuss the system of probationary suspension, on the judicial practice of the specific issues arising from the analysis of targeted research, in order to achieve a breakthrough and innovation in theory and practice, will be of great significance in completing China's system of probationary suspension and guiding probationary suspension of judicial practice.December 5, 2005, Luo Gan, secretary of the CPC Central Political and Law Commission, in the National Work Conference of Political Science and Law make good use of special reference to leniency with strictness criminal policy and use more appropriate and applicable non-probationary suspension, such as a sentence of imprisonment in order to facilitate a harmonious social construction. It can be said that, system of probationary suspension has been increasing emphasis on power sector, and it has become the hot issue of scholars in China. The author intends to express the point in the existing problems and improving measures of China's system of probationary suspension of the legislative and judicial practice.This thesis is divided into four parts: in the first part discusses the concept of system of probationary suspension, which is the probationary suspension probation the probationary suspension probation is a penalty system in which a certain sentenced penalty criminals, containing the conditions of a certain period of non-implementation of the original penalty. Its characteristics are in the sentencing at the same time declares a moratorium on executions, but in a certain period of time to retain the possibility of implementation. If the elements to comply with certain conditions, a certain period of time after the original penalty will no longer be implemented; if the criminals in violation of certain conditions, the original need the implementation of penalties. It discusses the System of probationary suspension of the history, examines our system of probationary suspension, and makes the assessment from the theoretical foundation of the system of probationary suspension, the value of system of probationary suspension of, system of probationary suspension and the nature of the legal aspects. In the second part analyzes our country's criminal law system of probationary suspension: one applied conditions of the probationary suspension, including the form of the application of probationary suspension conditions, the real conditions and excluding conditions; second probationary suspension of the application process; probationary suspension of the three inspection system, including the main study of the probationary suspension f, the content of probationary suspension, the test period of probationary suspension; the three probationary suspension of the legal consequences, that is exempted from the penalties or revocation of probationary suspension; Fourthly, the assessment of China's system of probationary suspension, that is, in theory, the lack of advanced support values; on the Legislative Council performs simple and difficult to be applied and operated, for instance. 1. Structural problems, a single form, poor adaptability, and difficult to apply for the development of society. 2. The scope of application is too small. 3. Applicable standards, scale vague are simple, and difficult to grasp. 4. Test bodies and the way of the test are not clear and the relevant provisions exist in name only. 5. Inherent contradictions can not be overcome. Theoretically, it can not be justified; application far failed to play a system of probationary suspension of the functions and values inherent in, including the apparent tendency of utilitarianism, the application of the unfair results and resulting negative impact as a result of defects in design of the system resulted in poor punitive, ineffective disciplinary and probationary suspension does not give full play to the function. The third part analyzes defects of our system of probationary suspension, that is, the application of probationary suspension of the conditions to be accurate, probationary suspension applies to a lack of transparency, probationary suspension lack of effective supervision and inspection system, probationary suspension system should be added revocation criteria. The fourth part discusses a sound system of probationary suspension of our recommendations: firstly, improve the scope of application of probationary suspension of the legislative and judicial rules, including the application of a clear form of probationary suspension conditions, modify the application of probationary suspension of the real conditions, the establishment of criminal probationary suspension person personality to review and pre-sentencing investigation system, the establishment of diversified forms of probationary suspension; Second is to strengthen the probationary suspension procedures, including the addition of the proposed probationary suspension system, the establishment of probationary suspension hearing system and improve the convergence of application and inspection mechanisms; The third is the establishment of a standardized monitoring and inspection mechanisms, including the establishment of a standardized inspection agencies, to develop a clear study the contents of scientific test set period, the establishment of probationary suspension of the security inspection system; Fourth, improve the revocation of probationary suspension system, including the revocation of the conditions defined, scientific and standardized procedures for revocation, slow the legal consequences of revocation.It should be noted that this article refers only to the general probationary suspension of the probationary suspension, and does not include probationary suspension in time of war and death with reprieve. Because of my limited ability, in addition to time constraints, the research of this paper on probationary suspension system is still very superficial and the conclusion is open to question and appeal to criticism.