缓刑作为一种可以有条件的不执行刑罚的刑事责任承担方式,其以矫正为本质的价值取向,顺应了国际刑罚追求谦抑性、公平性、人道性的发展趋势。为促进缓刑立法的完善,刑法修正案(八)对我国缓刑立法进行了较大修葺,但在公平价值最大化理念下审视,我国缓刑立法仍有欠公平之处亟待继续完善。 Probation as a condition of non-execution of criminal responsibility to assume responsibility, its correction is the essence of value orientation, conforms to the international pursuit of the pursuit of modesty, impartiality, humane nature of the development trend. In order to promote the improvement of probation legislation, the Criminal Law Amendment (8) made great repairs to the legislation of probation in our country. However, under the concept of maximization of fair value, there is still some unfairness in probation legislation in our country and it needs to be further improved.