The New Research On System Of Probationary Suspension

The19th meeting of the11th National People’s Congress Standing Committeeadopted the Revision of the Amendment of Criminal Law (8) of the People’s Republicof China and modified the49articles of the criminal law in February25,2011.Worthy of our attention is that the Revision of the Amendment of Criminal Law(8) modified the four articles of System of Probationary Suspension accounting foralmost1/12of the Criminal Law Amendment Art. Because of the number of the totalarticles of System of Probationary Suspension is five, so we could say theAmendment of Criminal Law (8) comprehensive modified System of ProbationarySuspension. However, what happened to the amended probation system, and howthese changes should be understood and applied,and what are the shortcomings of theamended probation system, we need to investigate the above questions. So, thispassage conducts further studies on these issues based on the Revision of theAmendment of Criminal Law (8), in order to improve our probation system.The Article is composed of three parts:The first part is an overview of the amendment of the System of ProbationarySuspension. Firstly, we analyzes the reasons of the amendment of the System of Probationary Suspension, including to make up the omissions of the original articlesof the System of Probationary Suspension, to implement the criminal policy ofcombining punishment with leniency and to learn the advanced experience from theforeign countries.Secondly, we make a brief introduction to the content of theamendment of the System of Probationary Suspension from the conditions ofprobation and the probation.Lastly, we point out the meanings of the amendment ofthe System of Probationary Suspension.The second part is about the connotation interpretation and the judicialapplication of the content of the amendment of the System of ProbationarySuspension. Firstly, we make a introduction to the contents of the four substantiveconditions and how to apply these contents in the judicial practice. Secondly, wemake an introduction to the relevant provisions of the special groups for probation.Lastly, we make an introduction to these relevant provisions of the implementation ofthe system and how to apply these provisions in the judicial practice.The third part is about the reflections on the shortcomings of the content of theamendment of the System of Probationary Suspension. This part is divided into twoaspects. One aspect is about the reflection on the contents on probation. Somesuggestions are put forward in this aspect, for example, this aspect suggests that wecould delete the condition that the accused declared suspended will not havesignificant adverse effects on the community living. The other aspect is about thereflection on the contents of the implementation of the system. This aspect suggeststhat we could improve the relevant provisions of the prohibition order and thecommunity correction, add the provisions of the burden of probation.