Study On Several Problems Of The Wartime Probation System

In January1,1982China promulgated the "Provisional Regulations of thepeople’s Republic of China" punishing the crimes of soldiers violating military duties,and the provisions of the Ordinance:"in time of war, to be sentenced to three years inprison without a real danger of probation criminals soldiers, allowing it to redeemhimself, has performed meritorious service, the original sentence can be revoked, notbe punished for the crime." This provision was quote, as the1997"criminal law"article449th, thus forming a unique to the criminal law of our country’s wartimeprobation system. The provisions of the criminal law was introduced at the same time,the legal effect was also given to the criminal law, its nature has fundamentallychanged, the legal effect of the provisions of ascension also puts forward the legalrequirements for higher.However, our country still lacks the independent military legislative system, onlythe military crime of breach of duty as a chapter in the "criminal law", the loss ofindependence that academic research for military related crime content relative lackof depth. The system also has many shortcomings, such as the identification of"issues" and setting of the probation period, need to be clarified. Therefore, researchon wartime probation system, whether from the strengthening of military legislation,it is of great significance in guiding the practice or military activities has. This paper is divided into four parts: the first chapter mainly elaborates the basicsituation of the wartime probation system. The concept, characteristics of the wartimeprobation system were introduced, analyzed the differences and relations between thewartime probation system and the system of probation, the role and status of thewartime probation system specified. The second chapter mainly discusses the threemajor elements of the wartime probation system, the "war, soldiers and meritoriousservice" three major elements of analysis, the applicable conditions to clarify of thewartime probation system. The third chapter mainly discusses issues announcementand execution of the wartime probation system on the investigation organ, inspectcontent to study the period of the three aspects were discussed, and analyzed the legalconsequences of the wartime probation system. The fourth chapter mainly discussesthe defects and perfection of the wartime probation system, based on the above, theobject, the wartime probation system test as well as the prohibited conditions, theauthor proposes suggestions.