Study On The Applicable Conditions Of The General Probation

The applicable conditions of probation include formal conditions,substantive conditions and exclusive conditions.In this regard,the criminal law of 1979,the criminal law of 1997 and the amendment to the criminal law of 2011(8)have made different provisions respectively.Compared with the criminal law of 1979,the 1997 criminal law abolished the crime of anti-revolution,and only stipulated that the recidivism should not be applied,which indicates that the conditions of the application of probation have changed.Compared with the 1997 criminal law,the amendment to the criminal law(8)has made substantial changes to the formal conditions,substantive conditions and exclusive conditions of the application of probation.The form conditions of the application of probation,including the conditions of the crime of probation and the conditions of punishment.The criminal law of our country does not limit the crime of probation application;The punishment for the application of suspended sentences is criminal detention and imprisonment for a term not exceeding three years.At present,China's criminal law does not establish a fine penalty suspended sentence,in order to make up for the defects of the fine penalty,to achieve the special preventive function of the penalty,after comprehensive consideration,China should establish a fine penalty suspended sentence.The four substantive conditions of the application of probation under the amendment of criminal law(8)are both independent and interrelated.However,the four substantive conditions are still relatively vague and difficult to operate,which is not conducive to the realization of probation function.therefore,we should strengthen the legislative improvement,incorporate the " personal situation" of criminals into the substantive conditions of applicable probation,and delete the fourth substantive condition;Further,the crime plot is lighter and the manifestation of repentance is concrete and clear;Establishment of a sentence investigation system.The criminal law of our country stipulates that the primary elements of recidivism and criminal group shall not apply probation,mainly because the subjective malignant and social dangerousness of the recidivism and the primary molecular of the criminal group are generally large,and it is difficult to reform the former in a short time.However,the provisions of the criminal law on recidivism shall not apply to the provisions of probation,some absolute,out of the special protection of the elderly,the elderly should be relaxed the conditions for the application of suspended sentences,for the implementation of criminal acts of the 75 years of age of recidivism,can be applied probation.The criminal law stipulates that a person under the age of 18,pregnant women and those who have reached the age of seventy-five,are eligible for probation and are progressive in law,but there are also problems with defects in the scope of the application of probation.the law does not specify the time of application of the applicable age,and the law requires harsh conditions for the application of special probation groups.therefore,the 75-year-old person in special groups shall be relaxed to the age of 70 years for special groups,and the blind,deaf and mute persons shall be subject to the subject of probation.The sentence of the offender may be applied to the offender after the sentence is pronounced and the offender is punished;The sentence of probation shall not apply to the criminals who have been convicted and punished for the number of crimes committed after the pronouncement of the judgment.