试论缓刑执行

我国刑事立法和司法实践重视缓刑的宣告 ,忽视缓刑执行 ,使得缓刑作用得不到有效的发挥。借鉴国外与缓刑执行相关的立法与司法经验并联系我国的司法实践 ,在分析我国缓刑执行目的和任务的基础上 ,提出应建立独立的缓刑执行主体和辅助机构 ,明确执行人的职责 ,规范缓刑犯的权利和义务等立法和司法建议

A Trial Discussion on Execution of Probation

Our criminal legislation and judicial practice pays much attention to declaration of probation but neglects its execution, which prevents probation's function from being effectively demonstrated. By learning from legislative and judicial experiences related to execution of probation abroad and connecting them with our domestic judicial practice, and by analyzing aims and tasks of probation's execution in our country, some legislative and judicial suggestions are proposed to establish independent subject of probation's execution and supplementary organizations, to make clear executive persons' responsibilities, to regulate probation criminals' rights and duties.