The reprieve is a penalty system developing with the recent thought of the new school in the criminal law. As a relief to the disadvantage of the short-term freedom punishment, it disables the lightly-malicious criminals to be contaminated in the jails, and it can also make the offenders in normal work and family contact, avoiding the difficulty of returning the society! Meanwhile, it can call the Social forces to join in the supervision and reformation of the criminals, so as to release the prison of the crowded condition and decrease the large number of input to the prison facilities. The system of reprieve which mainly embodies such modern criminal thoughts as the humanity of penalty、the economy of penalty、the individuality of penalty and the socialization of penalty, has become a world-wide and current system of penalty. Therefore, it makes a point to enhance the research and exploration of the system of the reprieve in china .The chapter one of my thesis is aimed to give a general idea of the system of the reprieve. Later the second chapter will inquire into the applying and executive problems existing in the system of reprieve. The problems mainly lie in : the provisions of its applicable qualification is too abstract to make difficulties in judicial practice ;and the provisions of its applicable range are too narrow; and the unscientific rules of reprieve supervision organizations and the obscure duties among them affect the practical effects of supervision.; and there are lack of the provisions of the reprieve prisoner on the procedure and measure and manner; and the reprieve that applies to the minors hasn\'t be treated separately; and the provisions of the qualification of its withdraw are inconsequence. In chapter three ,I would like to put forward some legislative suggestions to better it from the following aspects: we can make some specific、clear and practical rules about the substantial terms of reprieve; we need to expand the applicable range of reprieve supervision organizations and make clear their duties; it is necessary to perfect the supervision rules of reprieve; the application of reprieve to the criminals under age should be exclusively regulated; it is also indispensable to increase the rules about the reprieve burdens and perfect the system of probation withdraw.
Foreword……………………………………………………………………… 1
Chapter 1 A introduction of the reprieve system…………………… 2
Section 1 its development………………………………………………… 2
Section 2 its legal characters……………………………………………… 5
Section 3 its system value ………………………………………………… 7
Section 4 its applicable qualification……………………………………… 9
Chapter 2 the main problems of the reprieve system in
china……………………………………………………………15
Section 1 its applicable qualification is too abstract………………………15
Section 2 its applicable range is too narrow………………………………16
Section 3 the provisions of its supervision organization is
unscientific………………………………………………………17
Section 4 there is lack of the implement provisions of the reprieve
prisoner…………………………………………………………18
Section 5 the reprieve that applies to the minors hasn\'t been treated
separately…………………………………………………………19
Section 6 the provisions of the qualification of its withdraw are
inconsequence……………………………………………………20
Chapter 3 some legislative suggestions to better the reprieve
system……………………………………………………………21
Section 1 its substantial applicable qualification should be regulated
specific and clear…………………………………………………21
Section 2 we need to expand its applicable range…………………………24
Section 3 there is need to better the provisions of its supervision
organization………………………………………………………25
Section 4 it is necessary to perfect the supervision rules of reprieve……27
Section 5 the application of reprieve to the criminals under age
should be exclusively regulated…………………………………29
Section 6 it is also indispensable to increase the rules about the
reprieve burdens…………………………………………………31
Section 7 we had better perfect its withdraw system………………………32
Conclusion………………………………………………………………………………34
Bibliography……………………………………………………………………………35
引 言
与1979年刑法相比，现行刑法在一定程度上对缓刑制度予以了改进，但还远远不够，立法上的因素仍是制约缓刑适用的主要因素，为了充分发挥缓刑制度在感化挽救犯罪人方
面的作用，我们有必要加强对缓刑制度的研究，以完善我国的缓刑制度。