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缓刑听证制度可使缓刑判决获得坚实的正当性基础,理由在于:一是可借由商谈的共识明确一直模糊不清的缓刑实质适用条件;二是为长期存在的合乎情理但有悖法理的缓刑判决提供合法性依据。我们必须赋予缓刑听证以切实的法律效力、注意听证参与人及其近亲属的保护以及避免对特定群体带来听证歧视。应尽早总结各地经验,规定通行全国的缓刑听证制度。
Probation hearing system can make probation get a solid foundation for legitimacy, the reason is that: First, by consensus can be agreed to clear the substantive conditions of probation has been ambiguous; second is for the long-term reasonable but contrary to the law probation Judgment provides the basis for legitimacy. We must give probation hearings with tangible legal effects, pay attention to the protection of hearing participants and their close relatives, and to avoid hearing discrimination on specific groups. As soon as possible, summing up experiences from all over the country and stipulating a probation hearing system that goes through the country.