The Improvement Of Suspended Sentence System

In the situation policy, the suspended sentence system is usually called the thirdsupport, in addition to penalty and public security punish, and be seen as a kind ofhave "the independence of the diverse function of penal code reaction means". Itgathers the penalty acculturation, the turns separately and the humanity, according tothe basic trend of penalty development and the current of mankind civilizationprogresses. Nowadays, because the human rights guarantee has become the essentialWorld trend, the suspended sentence is undoubtedly the research topic that a pole hasrealistic meaning. The Chinese suspended sentence system also exists many shortage,regardless from the research present condition about suspended sentence system ofour national penal code field, still from satisfying the judicatory practices’ needs, andpromoting the suspended sentence theory’s development, all have a necessity to carryon to this system and hard introspect it.Now in the world, a lot of nations are mutually absorbing the rationality factorsof other parties on the suspended sentence system, and continuously turningsuspended sentence of lawmaking more detailed aim at native state of the nation, suchas extended the type of suspended sentence etc. on the different degree. Comparedwith the legal system of foreign flourishing nations, our country’s lawmaking ofsuspended sentence system is late, and the development is oppositely slow-moving.Not perfect Lawmaking causes judicatory’s practicing medium disorder, particularlythe phrase "really unlikely again endanger society". The measure standard is soabstract that it authorized a judge much measure powers to freely cut. For example, injudicatory practices, the judge in great quantities penalizes a job crime with thesuspended sentence, but the mistake crimes in our country are little penalized ofsuspended sentence, which in great quantities are penalized suspended sentencewithin the scope of world. For restricting the judge’s freely cut measure power insuspended sentence apply, the writer thinks, we should improve the suspendedsentence lawmaking.Today, political economy in the world are blending day by day, the law of allcountries also appeared the trend of mutual transplantation and fusion. Under thistrend, it is necessity that we speed up our legal system construction. As the last protectmeasure, the penal code is very importance to the socialism rule and law construction is a kind of penalty exterminated system, the suspended sentence system wellembodied the mankind light punishment trend. The setting of penal code revision bill(eight) is the further development of the suspended sentence system in our country.But the suspended sentence system of China regardless the lawmaking and to fulfillthe judicatory practices still existed numerous shortage. The thesis would combineadvanced lawmaking experience of the suspended sentence system in the world andthe experiences of China, point from restricting the judge’s measure power of freelycut to improve the suspended sentence system of our country. Expect to contribute tothe legal system construction.