暂缓判决适用对象之我见

My views on delaying making court judgment on those suitable for trial

暂缓判决制度还没有成文的法律规定,但在我国审判实践中已适用了十来年,所以笔者对最早适用暂缓判决的上海市长宁区法院所总结的有关暂缓判决适用对象的范围进行了分析。该院是以排除不适用对象的方式列出,笔者则试图通过所列的排除对象找到明确的暂缓判决可以适用的对象,但结果却意外地发现有意义的适用对象并不存在。

Though the system of delaying making court judgment has not become an established law,it has been applied in trial in China for over ten years. Therefore,the author makes an analysis of the range of people suitable for trial,i.e.people on whom the court judgment was delayed,as summarized by Changning District Court in Shanghai,a court that applied the delay of making court judgment the earliest.Changning District Court made a list by excluding those not suitable for trial.The author attempts to find those definitely suitable for the delay of making court judgment through excluding those listed.However,the result indicates that people who are meaningful and suitable for trial do not exist.