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缓刑作为一种附条件不执行原判刑罚的行刑方式,是我国刑罚制度中的一项重要内容,被称为除刑罚和保安处分之外的第三支柱,并被视为一种具有多元作用的独立性的刑法反应手段。与世界其他国家相比,我国缓刑制度立法起步较晚,虽有所发展但仍相对滞后,尤其在缓刑犯罪收监的法律适用方面存在相应的问题。针对我国缓刑罪犯收监法律制度存在的相关问题,提出相关对策从而有助于我国法治建设的进一步完善。
Probation as a condition of not executing the sentence of imposing sentence of execution is an important part of the penalty system in our country and it is called the third pillar except punishment and security and is regarded as a kind of multi-function The independence of the criminal law response means. Compared with other countries in the world, the legislation of the probation system in our country started relatively late, although its development has lagged behind, especially in the application of the law of probation. Aiming at the problems existing in the legal system of probationer receiving prisoners in our country, some countermeasures are put forward so as to contribute to the further improvement of the construction of rule of law in our country.