The Foreign Probation I See

According to Article 31 of the"Law of the people's republic of China on entry and exit of aliens", the term"alien"refers to any person not having Chinese nationality under the Nationality Law of the People's Republic of China, including not having Chinese nationality, having foreign nationality and not having any nationals.In the criminal law sense, aliens can be divided into two categories: first, the aliens who enjoy diplomatic privileges and immunities of foreigners; second, the general aliens who do not enjoy diplomatic privileges and immunities of foreigners.According to Article 6 and Article 11 of the"Criminal Law of The People's Republic of China"(the"Criminal Law"): this law is applicable to the general aliens who commit a crime within the territory of the People's Republic of China, on which China has criminal jurisdiction.The discussed general foreign nationals in this article refers to the general alien who has a foreign nationality without Chinese nationality and not enjoy diplomatic privileges and immunities of foreigners.The Criminal Law clearly stipulates that a suspension of sentence, as one of the criminal punishments, shall also be granted to the general aliens by the court when the statutory requirements are satisfied, which has been reached into a consensus in the Criminal Code and used in actual trial.Based on the probation system's imperfect and that the different characteristics between the ordinary people and the general foreign nationals in nationality has not been clearly stipulated in the Criminal Law and relevant regulations, there are many difficulties and problems in the application and observation of the probation to the general foreign nationals in practical.The author believes that the probation to the general foreign nationals should be used with caution. On account of the different characteristics in real life generated from the difference between the ordinary people and the general foreign nationals in nationality, In addition to the existing requirements of applying the probation stipulated by the Criminal Law, it should add refinement and complement in the substantial conditions of applying the probation, and in the same time analysis the actual problems in the application and the observation of the probation to the general foreign nationals and propose measures, for the purpose of continuously improving the related systems of application and observation of the probation to the general foreign nationals, promoting the effective implementation of the probation and truly reflecting the positive role of the probation.