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一国的缓刑制度深植于其传统社会文化中。我国缓刑制度虽应遵循现代教育刑思想指导,但百年来的缓刑实践表明,其立法与司法均深受传统实用理性及报应理念的影响。缓刑制度的实用理性主要表现为不以教育感化为目标,而以稳定社会为主旨。而缓刑报应结构的不合理,则导致其司法适用率及认同度偏低。应通过调整缓刑制度的规范结构来协调缓刑适用中的现代理念与传统思想的冲突;通过设置缓刑听证制度以减少庸俗实用主义弊端。
The probation system in a country is deeply rooted in its traditional social culture. Although the probation system in our country should follow the ideological guidance of modern educational punishment, the practice of probationary practice over the past hundred years shows that both its legislation and the judiciary are greatly influenced by the traditional and practical rationale and the retribution concept. The practical rationale of the probation system is mainly manifested not as the goal of probing into education, but also as the goal of stabilizing the society. However, the unreasonable structure of probationary retribution leads to a low level of judicial application and recognition. The conflict between the modern concept of probation and the traditional thinking should be coordinated by adjusting the normative structure of the probation system. The system of probation hearing should be set up to reduce the disadvantages of vulgar pragmatism.