If a person sentenced to death with a suspension of execution dose not intentionally commit a crime during the period of suspension, he is to be given a reduction of sentence to life imprisonment upon the expiration of the two-year period. 判处死刑缓期执行的,在死刑缓期执行期间,如果没有故意犯罪,二年期满以后,减为无期徒刑。
If the immediate execution of a criminal punishable by death is not deemed necessary, a two-year suspension of execution may be pronounced simultaneously with the imposition of the death sentence. 对于应当判处死刑的犯罪分子,如果不是必须立即执行的,可以判处死刑同时宣告缓期二年执行。
Related judicatory explanations come on as soon as possible can help the normative measurement of punishments and can ensure the accurate and effective application of the suspension of sentence. 相关司法解释的尽快出台才能有助于私分国有资产罪的规范量刑,从而保证缓刑的正确、有效适用。
Now in China, with comprehensive consideration from law, policy and practice, suspension of death sentence meet the public will, consist with China's social conditions, thus it's humane. 目前在我国,从法律、政策、实践等层面予以综合考虑,死缓制度符合民意,符合我国国情,具有人道性。
Whether or not suspension of death sentence can meet the human nature is an abstract question, also an empirical question. 死缓制度是否具有人道性,是一个抽象性的问题,也是一个经验性的问题。
The system of suspension of execution for death sentence is stated by Chinese Criminal Law. 死缓是我国刑法典明文规定的死刑制度的组成部分。
The suspension means that as long as Ms Gu is not found guilty of other crimes during the first two years, the sentence is likely to be commuted to life in prison. 死缓则意味着,只要谷在缓刑期的头两年里未被发现犯下其他罪行,她就很可能被减刑为无期徒刑。
The Theory and Practice of Chinese Suspension of Sentence System 我国缓刑制度的理论与实践
On the Dissimilation of the Death Sentence with Two-year Suspension of Execution Political Parlance and Logic of Legal Theory: Review on System of Death Sentence with a Reprieve 论死刑缓期两年执行制度的异化政治话语与法理逻辑&对我国死缓制度的反思
Suspension of sentence cancellation condition and procedure stipulation endless science; 缓刑的撤销条件及程序规定不尽科学;
The suitable procedure of the suspension of sentence is not public, lacks the surveillance; 缓刑的适用程序不公开,缺乏监督;
During this process, fine punishment 、 community service and suspension of sentence have been playing unusual roles and these alternative measures have turned out to be contributive to educating criminals and bringing them back to the society. 在这一变革的过程中,罚金刑、社区服务和缓刑扮演着异乎寻常的角色,这些替代措施被证明对教育改造罪犯,实现罪犯顺利回归社会起到了积极的作用。
The main value and purpose of probation lie in realizing special prevention. However, these are often neglected while some courts are applying suspension of sentence, so this value and purpose are not effectively realized. 缓刑的主要价值和目的均在于实现特殊预防,然而,一些法院在适用缓刑的时候,却经常忽视缓刑的这一价值和目的,致使缓刑适用并没有有效实现特殊预防的目的。
In order to make full play of the function of probation and prevent it from its unfairness, it is proposed to make clear the applied conditions for using suspension of sentence; 为了充分发挥缓刑的功能,同时防止缓刑的适用过于随意以致丧失公正性,建议将缓刑适用条件明确化;
, The using rate of the suspension of sentence is generally higher in the contemporary penalty system developed country. 当代刑罚制度发达的国家,缓刑的适用率普遍较高。
Follows the government by law construction advancement, the suspension of sentence is taking one kind of criminal activity legal regime, holds the quite important status in the criminal domain. 伴随着法治建设的进程,缓刑作为一种刑事法律制度,在刑事领域占有相当重要的地位。
The second part mainly through is suitable the legislative pattern, the condition comparative analysis to the suspension of sentence, achieves the suspension of sentence to have its existence value inevitable conclusion. 第二部分主要通过对缓刑适用立法模式、条件的比较分析,达到缓刑有其存在价值的必然性结论。
The wide use of suspension of execution is playing an important role in restricting death sentence and standardizing its execution. 死缓的广泛应用对限制死刑、规范执行死刑来说起到了极其重要的作用。
Since system of suspension of north American Boston in 1870, the system of suspension in the United States since already experienced 1.4 hundreds years 'development, American has formed a relatively perfect and effective system of suspension of sentence in the long-term of judicial practice. 自1870年北美波士顿采用缓刑制度以来,缓刑制度在美国已经历了一百四十余年发展,在长期的司法实践中,已形成一套比较完善且行之有效的缓刑制度。
How to obtain in suspension of sentence being suitable with between criminal law goal the two consistently, already became various countries 'criminal law matter of concern. 如何在缓刑的适用与刑法的目的二者之间求得一致,已经成为各国刑法所关注的问题。
Moreover, world other countries have multiform about the senior citizen crime special regulation, the distinction accessory punishment plant, the suspension of sentence, to parole as well as carry out the system aspect to make the rules and regulations. 另外,世界其他国家有各种形式的关于老年人犯罪的特别规定,分别从刑种、缓刑、假释以及执行制度方面做出规制。
It is well known, the suspension of sentence system produced in the mid-19th century, and widely was suitable for the crime slight criminal, had the recognition reasonable and the effective penalty system. 众所周知,缓刑制度产生于19世纪中期,且广泛适用于罪行轻微的罪犯,有公认的合理而富有成效的刑罚制度。
The present age state with an adequate legal system its suspension of sentence system legislation is also quite perfect, the judicature is suitable is also more common, the initiation dispute to be also few. 当代法制国家其缓刑制度立法亦比较完善,司法适用也较为普遍、引发的争议也较少。