刑法第77条第2款关于撤销缓刑规定之法律适用

A Touch on Legal Application of Clause 2 of Article 77 of the Criminal Law, in Respect of the Revoking of Suspension of a Jail Sentence

刑法第77条第2款规定：“在缓刑考验期限内，违反法律、行政法规或者国务院公安部门有关缓刑的监督管理规定，情节严重的，应当撤销缓刑．”但在司法实践中，如何把握叶分节严重”，从确立缓刑制度的意义和实质条件分析适用刑法第77条第2款应考虑的因素．

Clause 2 of Article 77 of the Criminal Law stipulates： “If a convict, during the probation period for suspension of a jail sentence, violates laws, administration rules and regulations or regulations relating to supervision and control over suspension of sentence stipulated by the Department of Pubic Security under the State Council, and if the circumstance is serious, the suspension should be revoked. ”But in legal practice the question is how to interpret and construe “serious circumstance”？ This paper is trying to, from the angles of the meaning of the suspension system and practical conditions, analyze the factors that should be considered when Clause 2 of Article 77 of the Criminal Law is applied.