死缓本质新探——从死缓规定本身的法理逻辑矛盾谈起/杨勇(7)
Yang-Yong
(Law School of XiangTan University,HuNan 411105)
Abstract:Amendent on the institution of stay of execution of the old riminal law has been made in the new criminal law to further show the positive magnificance of the restraint of capital punishment.Then,what’s the essence of stay of execution?Whether is it a kind of probation?This article will reannotate the fact that the special system of it is a kind of probation by analysing the jurisprudence logical contradiction existing in the criminal law item 48 about the provisions of it institution and give legislative suggestion that stay of execution institution should be attributed into the chapter of “specific of punishment”of criminal law.
Key Words:probation;stay of execution; logical contradiction
作者：杨勇，湘潭大学法学院2003级法律硕士
EMAIL：yangyong0607@163.com
(此文已发表于《中北大学学报》社科版2005年第1期)
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