Reflections On "No Longer Harming Cosiety" As One Of The Crucial Applicable Conditions Of Probation

China's current physical condition of probation in Criminal Law "does no further harm to society" entirely to the provisions of the relevant provisions of the old criminal law, criminal law is the spirit of the old "easy to hard thin coarse" principle, which led to the current probation for the "doing no further harm to society, "the crudeness of the provisions to address the ways to learn from foreign criminal law, the various" do not further harm to society "situation refinement, which necessarily involves the psychology of personality analysis, but not in the current Psychological Science under the premise of a conclusion, rush to the introduction of criminal law, is not appropriate, so you can absorb some of the criminal law has indirectly admitted that the "do not further harm to society" situation, such as negligence committed, over-defense and emergency Avoiding Danger, prepares for a crime committed as well as attempts to commit a suspension and so on.In the theoretical discussion, two issues related to small, one can be excused if the circumstances of whether the Yigai tend to probation; second is suspended for neglect of retribution of crime problems. It should be said, these two issues are related under the Criminal Law of China "does not further harm to society," explained the former involved a question whether this is "really no longer harm society"; then the question is Can now entirely utilitarian evaluation of the physical conditions of probation "does not further harm to society" do extend to that, though not repeated will be, but it left retribution (as described in the second case and the current high rate applicable to the duties of probation criminal cases), which will cause social resentment, and questioned the credibility of the judiciary, it would be applicable in probation if, it will harm to society caused by the semantics of "range" within the scope of the situation.In judicial practice, the existence of different people extreme probation conditions, such as minors, people from the low rate of probation and suspended sentence for such crimes is extremely high adaptation rate. The main reason these problems is the physical condition of probation "does not further harm to society," the judge, was able to implement the regulatory authorities replaced by a practical problem, which is not only a breach of Legality and the principle of equality before the law, but also because of the high probation rates of job-related crimes, but also completely ignore such crimes should be reported, with only from a utilitarian point of view to deal with, which also led to great public anger in society, bad influence, so some people had a "rich Crime do not have to go to jail, "the wrong social attitudes. First, the measures to solve probation hearing procedures as quickly as possible, with fair and open procedures to absorb the retributive, to avoid unequal treatment; probation should also be measures to establish as soon as possible, so as to eventually make it fully due to the application of probation is "really will not further harm to society, "the conditions of such a statutory entity, rather than whether to find an appropriate regulatory authorities. The only way to truly protect the probation equality, fairness and efficiency.