论撤销拘役缓刑与有期徒刑的数罪并罚.pdfVIP

Abstract Probation, as a kind of conditional punishments originally not enforce the system, on the one hand, can avoid execution of short-term freedom penalty and criminal record system brings banns caused by or, on the other hand, can stay in the possibility of penal execution situation, make person c - and pay attention to your behavior reform, which will no longer cause harm to society. Applicable to the essence of probation is not applicable in the probation actor harm to society. In the purpose and the essence of probation constraints, the offenders behavior that may not achieve purpose of suspension, revocation appeared the necessity of probation. Criminal law system of suspension of sentence, it is revoked necessary part of the system. Besides criminal law article 77 of the second paragraph of the cause for cancellation, probation, under normal circumstances, the consequence is revoked probation before and after the SINS committed sin (including new crime and the leakage of sin that combined punishment for several crimes. A combined punishment for several crimes should follow the basic principles of criminal law is the principle of legality and the principle of suiting punishment to. Because our country criminal law on probation cause for cancellation, and combined punishment for several crimes, the provisions appear too general against judicial practice, therefore, the operation of the case through judicial practice, this paper discusses the cause for cancellation and probation combined punishment for several crimes, especially the detention of imprisonment between how with credit, not only has theoretical significance and application of judicial practice suspension system and a combined punishment for several