Research On The Wartime Probation System In China

As a special probation system,wartime probation system is particularly important in wars.It can make those military personnel who have committed crimes eager to participate in war and strengthen their confidence and valor in fighting and winning,thus improving troops’ operational capability and securing victory in war.The system is the extension of China’s criminal policy that combines severe punishment with leniency into wartime activities and embodies the fundamental principle of military judicial efforts serving military operations.The idea of wartime probation has been established since ancient times and also played an important role in the growth and buildup of PLA.However,it has been a long time that our wartime probation system has a simple structural design and is difficult to be applied.The thesis is about the research on corresponding weak points.With wartime probation system as the theme,this thesis has three parts.Part one lists,in a thorough and accurate manner,related basic information,including concepts,nature,history,and relations between wartime and general probation systems,particularly,wartime probation in the growth and buildup of PLA.The second part is about weak points analysis.Taking troops’ actual situation into consideration,the part does careful analysis,both general and specific,into contents such as theory and practice,legislative technique and system design,conditions of application,and execution and adjudication.Targeting at the previously mentioned weak points,the last part provides suggestions for the improvement of China’s wartime probation system in three ways,that is,deepening theoretical research,intensifying legislative technique,and perfecting system design.The significance of this thesis lies in drawing the conclusion,on the basis of analysis and argumentation,that wartime probation and general probation are closely related and mutually independent,and exploring appropriate system design.The thesis discusses whether public surveillance can be added into wartime probation system,analyzes relations between military power and judicial power involved with wartime probation system,and,combining actual situation of troops with military trials,provides suggestions for items in system design such as improving time condition,subject condition,core condition,initialization procedure,application procedure,and legal consequence.It is hoped that the thesis can be enlightening for readers.