战时缓刑的认定与适用——兼析刑法第449条的得失

Determination and Practice of Probation During the War Period

战时缓刑作为一种独立的缓刑制度既缺乏理论依据 ,又导致法律适用的无所适从。刑法第 4 4 9条关于战时缓刑规定的漏洞和缺陷较大 。

Probation during the war period is a unique probation system,which not only lacks in theoretical basis but also results in the impracticability of the law.There are many loopholes and flaws needing revision concerning the definition of probation during the law period by penal code regulation No.449.