On The War-time Probate System Of Our Country

War-time probation system is a special application form in a probation system of Chinese criminal law. It plays a more and more important role in making the crime soldiers to redeem with their ability, preventing non-combat attrition for the armed forces, enhancing the combat effectiveness of troops, effectively protecting the interests of the nation's military. This article starts the discussion based on the importance of the system and through the elaboration of the concept, characteristics, conditions of application, implementation and legal consequences of China's wartime probation system. We will analysis the shortcomings and defects in this system and find out the solution approach in China. This thesis can be divided into six parts.Part I: the basic profiles of wartime probation system. Through the discussion of the concept and characteristics for China's general probation system and war-time probation system, we will implement the basic introduction for the problem to be addressed. Through the argument in the second paragraph, we will conclude the legal nature of probation system is the probation system which can eliminate the penalty of slow implementation.The relationship between probate system and the war-time probate system. This part demonstrated that the war-time probation system is a special application form as the probation system.Part II: The conditions for application of the wartime probation system. For the war-time probate system as a special application model, the differences between the war-time probate system and the probate system are the conditions of application. This section will analysis the special character of the war-time probation system from four aspects named as the time condition, object condition, the real wartime conditions and exclusion criteria.Part III:The implementation of war-time probate system and The legal consequences of war-time probation system. The implementation of the war-time probation system is divided into three parts: the main body of implementation, the studying matters and test duration. We will discuss the existed controversial issue for three parts of this article.I believe that because of the special legislative forms and manifestations for the war-time probation system, the only legal consequences is "cassation penalty and not to the criminalization "and describe other legal consequences of the existence in academics world.Part IV: The defects of China's war-time the probation system and the improvement. As the last part of this article, on the basis of all the thesis, I will analysis and point out the shortcomings of China's war-time probation system and put forward some suggestions for improvement.