On The Construction Of Suspend Judgement System In China

The Suspend Judgment is a practice in China,which is different from deferring judgment and court judgment in criminal cases.It is also a beneficial attempt to innovate the trial mechanism in China.Suspension of judgment conforms to the principle of modesty and restraint of criminal law,which is a beneficial attempt to innovate the trial mechanism,and also the inevitable result of the development trend of international criminal procedure and the change of penalty concept.Judgement means at the end of the trial,a judge for the criminal facts clear evidence of guilt is sufficient cases,in the case of a legal situation,not a judgment by a court in combination with case set a certain period,to education and research of the defendant,the defendant after finish the inspection,no criminal responsibility shall be investigated for the defendant’s regulations about judgement system countries outside there are two main patterns,a suspended sentence is sin,and the other is a punishment of judgement,in order to meet the judge the criminal discretion of realistic need,need to build in China affect the system of the declaration of judgement of sin.The thesis is divided into five chapters.The first chapter analyzes the theoretical basis of the suspension of judgment system,including the principle of modesty and restraint of criminal law,the principle of judicial power initiative,and the theory of objective punishment.The second chapter is to investigate related system outside,at present,the protection of the Anglo-American observing system of Japan’s protection system slow division of Germany’s penalty system and Italy’s judgement system is playing an active role in their countries’ practice,the characteristics and advantages of the system,can provide reference for the construction of our judgement system.The third chapter introduces the judicial attempt of suspending judgment in China.At present,China has not established the system of suspending judgment.It is necessary to summarize the operation of suspending judgment in China and analyze the advantages and disadvantages,including the summary of the successful experience in practice and the problems and shortcomings in practice.The fourth chapter introduces the necessity of the construction of China’s deferment of judgment system,the construction of the system conforms to the practical needs of the judicial reality,which is reflected in the judicial practice of China’s decision not to prosecute the application rate is very low misdemeanors in crime in a high proportion of the accused tribunal dimension imbalance and to avoid the judicial interpretation of the crime caused by the problem.The fifth chapter is the author put forward about the construction scheme of our judgement system and specific content,including the applicable objects and condition of judgement system,main contents and methods,and the design of the inspection period,also including the judgement filed with approval authority told way for objection handling,and after the probationary period of processing program and related supervision procedure shall apply.