| Engaged in judicial practice process, we find that the system of suspension in the judicial practice obtained widely applied, especially in the minor crime and the duty crime aspects probation has been widely applicable, probation applicable have obtained certain social effect, and also the criminal policy of tempering justice with mercy "accord with current, but, in the process of probation applicable also exist some shortcomings and the insufficiency.Based on the analysis and sum-up cases and data from our country probation applicable to the problems and the reasons of the problems occured made further analysis, draw probation applicable exist the crux of the problem, namely our country legal supervision system of suspension of improper even missing.Through using relevant foreign system of suspension of relevant regulations and in combination with the current criminal system reform, to find the perfect our country's system of suspension and legal supervision measures mainly aiming at Chinese system of suspension of legal supervision and puts forward the several perfect recommendations. First, lawsuit supervision. First on probation ruling set up before the hearing procedure; Secondly combining the current political authority ongoing sentencing reform, give full play to the procuratorial organs for judges applicable probation sentencing the text at the discretion of the effective supervision; Second, supervising the implement aspects. First by procuratorial organs for execution supervision, and according to the number of scope, community in one or several communities established a community correction JianDuShi by procuratorial organs stationed staff to include probation execution of community correction, supervise, Secondly, according to the overseas experience through the cancellation procedures prescribed by law, probation procuratorial organs in accordance with the right forward revoked, and the suspension of probation cancellation of the trial procedure supervision.
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