Discussion On The Legislative Defects And Perfection Of The Conditions Of China's Suspension Of Sentence

The system of suspension of Sentence began in the UK. In the later progress more and more countries also introduced this system in the penal system. Our China introduced this system in the 1979 Criminal Law normally. In 2011 the "criminal law amendment(eight)" passed and it made some changes of the system. Until now, more than five years have passed, it has not changed. In the actual judicial field, the applicable rate of probation in criminal cases in our country has been more than one third. Not only in our China, has the probation system which shows tolerance,humanitarian become the "darling" of the penal system in the world.But with the advancement of the judicial practice, its imperfections also become gradually clear in application level, the actual execution level and so on. In this context,the author selected the core – the applicable conditions of probation system as the research object is of great significance. Specifically, this paper mainly did the following work:First of all, the author starts with the concept of suspended sentence, interpret ting what the probation is really about; then the author introduces the types of probation, the legal nature, and analyses the applicable value of probation. It can help us to understand this system rationally on the whole, also laying a solid theoretical basis for the subsequent research.Secondly, the author introduces the actual state of legislation of the applicable conditions of the probation in detail from the form condition, essential condition and the exemplary condition. And the author uses the comparison method to compare the probation in our country at the legislative level changes, letting us to have a detailed understanding of the changes. On the basis of the status quo, the author also discussed the existing problems from three aspects in detail.Again, the author selected some representative countries and regions outside such as Germany, Japan, Italy, Hong Kong of China, Macao of China and Taiwan of China as reference object,introducing the legislative overview of the probation. The purpose of the introduction is to mirror, to learn the benefits of the legislation of probation application conditions from these countries and regions.In the end, also the core part of this article, the author made some perfect modification Suggestions from the form condition, essential condition and exemplary condition of the applied conditions of probation. Specifically, the author believes that the conditions of probation for mitigation in China should increase the fine punishment;the essential conditions should not be expressed in the form "side-by-side"; the exemplary provisions should increase the situation of the recidivist.