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《刑法》第449条所规定的战时军事缓刑制度属于军事刑法的重要内容。从规范违反说的立场展开刑法教义学的研究,可以发现战时军事缓刑是独立于一般缓刑的特殊缓刑,但适用前提与一般缓刑的适用前提基本相同,适用对象为有能力参战的军人。“战时”的判断应当遵从国家是否宣战以及军队是否采取军事行动这两个标准。战时军事缓刑的核心内容在于要求犯罪军人有戴罪立功的表现,而此种立功是特指为完成军事任务做出突出贡献,并被军事机关授予三等功以上荣誉的战斗功勋。在犯罪军人满足战时军事缓刑考验内容的情况下,其原有的刑事责任归于消灭。
The wartime military probation system stipulated in Article 449 of the Criminal Law belongs to the important content of military criminal law. From the standpoint of violating norms, we can find that the military probation in wartime is a special probation independent of the general probation, but the applicable premises are basically the same as the prerequisites of the general probation, and the applicable object is the soldier capable of participating in the war. “Wartime ” judgment should be based on whether the state declared war on the military and whether the military take the two standards. The core content of the wartime military probation is to require the criminal soldiers to perform their meritorious deeds. This meritorious deeds, in particular, refers to the combat meritorious service that has made outstanding contributions to the accomplishment of the military tasks and been awarded the third class by the military authorities. In the case of criminal soldiers to meet the test of military probation during wartime, its original criminal responsibility attributed to eliminate.