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The Improvement Of The System Of Our Country’s Wartime Probation

Posted on:2013-06-18Degree:MasterType:Thesis
Country:ChinaCandidate:X ZhuFull Text:PDF
GTID:2246330374989222Subject:Law
Abstract/Summary:PDF Full Text Request
War-time probation system is a special system of criminal law. It is a slow execution of a penalty system. War-time probation system has some links with General probation system and Merit system, but it has its independent character. War-time probation comes from the General probation but the conditions to apply War-time probation is more special than the General probation, compared with the General probation, War-time probation has the following characteristics:first by the qualification of applying conditions, followed by merit investigation of delayed and finally the eradication of criminal record. Especially the last point is the most important differences between war-time probation and General probation. War-time probation system has three key elements, namely,"war","soldier" and "make amends for one’s wrong doing". These three elements are main basis for judgment of War-time probation. Any probation applies in times of war must meet this condition during the war at the time, on the main conditions that meet this condition of soldiers, redeem oneself by good service this condition is true in the objective conditions before they can be set up.From today’s point of view, war-time probation system of the content appears to be not very perfect, provisions of the criminal law provisions on the system are too brief. Because of this, a number of problems occur, there are logical problems on legislative technique first. Secondly, on the content of the legislation, failure to fully include all situations that may occur. Conclusion on the application of the system did not result in a uniform standard, led to the application of subjective factors in the process.As the amendment to 《The criminal law of the eight》 sets, investigation methods on General probation system in China has made a lot of improvement and added, but War-time probation has not be perfected and added. Therefore, Perfection of the War-time probation is very important in the new era of military justice. This article is designed to ask the appropriate questions and analyze, find a way to solve. Put forward my own proposal about the two conditions’materialize and the investigation of War-time probation.
Keywords/Search Tags:Wartime probation, Wartime, Soldier, Redeem oneselfby good service
PDF Full Text Request
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