|
1997 Revised Penal Code, the Military Penal Code is included in the Unified Criminal Code, criminal law scholars in China Article 72 to Article 77 of the General Provisions Chapter 4, Section 5, of the criminal law \the provisions of Article 449 of Chapter 10, known as the \Wartime probation applicable only crime soldiers, according to the legislative intent, \However, since April 21, 1952, China promulgated the \criminal law into a unified Penal Code, in the past 50 years, the military judicial practice, the soldiers of the crime is almost not applicable general probation. In the awareness and practice of military justice, for various reasons, often mistakenly believe that soldiers applicable wartime probation system on the line, turning a blind eye on the the general probation system in the unified penal code. Such a negative understanding of the struggle ideology rooted in a long time revolutionary era heritage, part of the army management was not able to recognize the value of the soldiers applicable General probation, paranoid struggle psychological awareness of the rule of law and a strong sense of political and policy thinking, the total The army the lack of the application of probation conditions and the special nature of the armed forces to avoid the application of the probation. Application of criminal law in the military, the military judiciary virtually excluded from the general probation conditions, and in fact aggravate the punishment of minor offenses military strength, limiting the soldiers as members of society should enjoy important rights, does not meet the execution of social trends, also highlight the rights of \Therefore, the citizens of this to the soldiers in uniform application of the general probation, not only has the important significance of judicial practice also has an urgent practical significance. In fact, the army is a highly centralized management, is conducive to the general Probation Investigation Moreover, criminal soldiers have the basis of a certain quality, people comply with the applicable general condition of probation sentence is suspended, with good execution and better able to promote criminal soldiers to turn over a new leaf. Crime members of the army in wartime and usual citizens can not apply to probation, not due to the special nature of the profession of arms, in the final analysis, or due to the misunderstanding of the concept of the military judicial practice, which need to emancipate the mind, return to the principle of equality applicable penalties. General probation provisions applicable to the soldiers in view of the criminal law is not specific, a pretext for soldiers placed on probation for the operation of the mechanism is not easy to give the impression that, therefore, it is necessary to specific in-depth study on the soldiers generally suspended for the implementation of mechanisms. Military general object of probation, applicable conditions, for the environment, the contents of the inspection, the inspection authorities and the legal consequences of wartime probation are different, with the local judiciary mechanisms for the implementation of the application of probation are different, only make these specific provisions, military general probation will run properly.
|