军人一般缓刑适用研究-法律专业毕业论文.pdfVIP

ABSTRACT The Military Crime Law was first brought into the Uniform Law amended in 1997, after which, probation defined in the general principles of Crime Law, chapter 4th section 5th , item 72nd to 77th , is called “general probation”; defined in chapter 10th section 449th, is called “wartime probation” correspondingly, which can only be applied to guilty servicemen. The general probation can be applied to any criminals, servicemen included, according to the original purpose of legislating. Ever since the promulgation of 《Peoples Republic of China on Acts of Penalizing Corruptions 》on April 21st 1952, institutional probation has been established, followed by a confirmation from the Crime Law in 1979, and in 1997, the amended Crime Law was designed to bring the Military Crime Law into the Uniform Crime Law. However, during 50 years’ real practicing, applications of general probation for servicemen are rare and for various reasons, people often mistakenly believe that wartime probation is adequate enough for servicemen, totally neglecting the general probation regulations in the Uniform Crime Law. This negative cognition is inherited from the long revolutionary period, leaving some military commanders failed to realize the value of probation for soldiers; Cranky battling spirit and an excessive political correctness policy outweigh a law-based view, and they always take the excuse of a lack of probation conditions or the particularity of army. Military judicial departments actually excluded the application of general probation when applying the Crime Law, which aggravates the penalizing degree for venial criminal soldiers and astricts the right of probation for servicemen that should be had for simply being a citizen. Obviously, it’s against the trend