The Theory Of "Serving Suspended" System

It is rare to discuss the convicts who commit new crimes or crime missing incriminal proceedings discourse theory, especially when the convicts have multipleidentities of criminal suspects, defendants and offenders, and it is also rare to explorehow to start the investigation of new offense or criminal liability crime missing inproceedings. Judicial proceedings, whether in practice or the selection of a specificapplication of the sentencing, in the final analysis it is necessary to clearly distinguishbetween the specific identity of the parties and in which stage of the proceedings,andif not,it will cause the investigation, detention period, so the trial period can not beclear and sentences can not be scientific, or rationally evaluated, so that it can notguarantee the rights of action and other practical problems. In this paper," convicts "as the starting point, start discussion in three parts： the first part leads to serve theirsentences suspended system where the practical needs and Significance exist throughthe " three questions" thinking; second part is about " sentence suspension " systemscrutiny and proposed, and demonstrated the necessity and rationality of the system;third section discusses in detail the " suspended sentence " system specific structureand program settings. Supreme Court under article "three five Reform Program " onthe establishment of a sound implementation of criminal policy of combiningpunishment with leniency judicial system and security system coordinating the spirit,the spirit of both the concept of physical and procedural protection of human rightsand the need for progressive layers, gradually extended to build a morecomprehensive " serving abort" new system of justice. Adhere to the mandatorypenalty that is severely under the premise of the recognition process of the executionof punishment objectivity, complexity and progressive, when necessary, abort throughpenalty pushed into the future after the disappearance of an abort condition tocontinue this institutional design, to achieve the spirit of the law and the objectiveneeds of the fit and complement each other. This can not only be clearly distinguishedfrom prison, investigating and handling cases during the period of detention duringthe proceedings, the judge can sentence clear calculation for the convenience of theprocedural safeguards of justice and the realization of substantial justice, safeguardthe legitimate rights of the accused, but also reflects the proceedings of economicprinciples, while the penalty for the implementation of the system to make up for theexisting short board is also of great benefit for the criminal proceedings to modify a new vision.