Study On Some Problems In Application Of Wartime Probation

Wartime probation system as the peculiar penalty system of China's legal system, first appeared in Provisional Regulations Regarding the Punishment Upon Army men Committing Crimes of Neglecting Their Duties. Has been recognized by China's Criminal Law now. Although the wartime probation system has a legal backing, in practice, there are still many problems in the identification of the criminal and application of the probation of offenders and enforcement of the criminal. So it need to further explore. Since there is no real sense of the Chinese Military Legislation, only the Criminal Law provides. China's Criminal Law 449th provides that: during the war, if the criminal army men subjected to imprisonment for not more than three years and constituted 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. This leads to a lot of problems in its application, therefore, the research on wartime probation system has important significance. It can guide the judicial practice, also has reference value to China Military Legislation.At present, there is no a detailed study on comprehensive military legislation and wartime probation system. Only some of the scholars had sporadic discussions, but the study on wartime probation system is not only a guide of Military Legislation reference,also for role in guiding practice of China's war on probation. The causes of insufficient researching on wartime probation probably include the following reasons: One is that China abides by five basic principles of peaceful coexistence, in recent years without war, has been in a time of peace. Second, the value and the importance of the wartime probation system do not stand out. Third, The relative independence of the military law and its specificity separates it from other disciplines, so that very few scholars are concerned about it. However, relying solely on Provisional Regulations Regarding the Punishment Upon Army men Committing Crimes of Neglecting Their Duties and China's Criminal Law 449th is impossible to achieve wartime probation system's functions. Therefore, it is necessary to further study it.As the wartime probation system essentially based on a special probation system, and then free it incrimination, so it has important military value. Comparison with the general probation system. In view of the non-detailed definition to the above terms in China's Criminal Law and they are necessary in the application of the wartime probation system, there is a need for making deep study to them. The wartime 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 wartime probation system can be practiced. Therefore, there is a need for detailed and specific study to define the meaning of these elements. The purpose of this writing, is also intended to study and explore them.This chapter discusses the concept and the characteristics of wartime probation. As of today the existence of differences in national legislation, making the current wartime probation with the diversity of the type. Different types of wartime probation components and applicable conditions and legal consequences result from differences in both. Because there is difference, largely suspended during the war in different countries make the system function, value and application led to different social effects. The author in the light of the original crime and the loss of effectiveness to define our wartime probation. This article summarizes the characteristics of the wartime probation. From the prime goal of the military need , this respond to njustice challenge in wartime probation.The second chapter describes the application of elements of wartime probation. The object of wartime probation for soldiers. The military area is China's Criminal Law provision, but not specific enough, should include prisoners of war and foreign military personnel. Penal Code is provided only by the Criminal Law sense meritorious, but the probation system in the meritorious service during the war should also include military merit. Wartime probation system is generally based on a system of special probation system. Wartime probation should comply with the general application of the applicable conditions of probation and has been declared suspended. Probation during the war time conditions"in time of war", and"in time of war"refers to probation in all and part of the war, not soldiers or prosecution of crime at the time of war, which is Criminal Law not required. In this part, the author conducted an analysis and put forward their own proposals of many unknown conditions applicable to the Department.The third chapter describes the implementation of the program of wartime probation. As the wartime military affiliation more complex, change frequently, for declared war criminals should not be suspended for the unit by the offender is to monitor, investigate, but by the military security department or security department by the military units designated for monitoring, inspection to study the content should be stricter than the general probation. This section focuses on the war has been declared crimes suspended the protection of military interest.The difficulty is a source of information and theoretical innovation is limited, the lack of relevant theoretical and practical support. But the reality from the troops, also from the legislative status of research and exploration, in the hope of the military legal system in China gave their own modest.