未成年人犯罪缓刑适用的现实考察与路径完善

The Reality Investigation and Path Perfection of the Probation Application of Juvenile Delinquency

缓刑适用于未成年人犯罪意义重大。我国的缓刑制度经过多次修正已经适应了社会发展的需要,但是仍存在许多问题:立法上适用类型单一、适用条件严苛;司法中适用标准不一致、适用地区差异大。立法和司法暴露出的弊端使得未成年人犯罪适用缓刑未能达到预期效果。为此,在立法上有必要放宽缓刑适用的条件,增加前科消除的缓刑并细化缓刑的考察方式;在司法中要求法官合理使用自由裁量权,同时强化对这一过程的监督。

Probation has an important value that cannot be underestimated when it is applied to juvenile delinquency.The probation system in China has adapted to the needs of social development after several amendments,but the application of the probation in juvenile delinquency has not achieved the expected effect due to the single type of application in legislation,the strict application conditions,the inconsistent application standards exposed in the judicial system,and the great differences in the application areas.In view of this,it is necessary to relax the conditions of probation application in legislation,increase the probation of the elimination of previous convictions and refine the way of probation inspection;In order to make the probation system work best,judges must be required to use their discretion reasonably and the supervision of this process should be strengthened.