缓刑是我国刑法中的一项重要的刑罚制度,它不仅具有刑事政策上的根据,而且还具有刑罚理论上的根据。近年来,理论界和实践界对个罪量刑越来越关注,个罪量刑规范化的工作也越来越细化。由于现行刑法对缓刑规定的抽象性,缓刑的适用条件和执行条件也受到广泛讨论。只有厘清了缓刑适用的罪种条件和排除性条件,归纳缓刑适用的实质要件,才能提出适用缓刑的具体观点。 Probation is an important punishment system in criminal law of our country. It not only has the basis of criminal policy, but also has the theoretical basis of punishment. In recent years, theorists and practitioners have paid more and more attention to the crime of sentencing offenses, and the work of standardizing sentencing of sentencing of crimes has become more and more detailed. Due to the abstraction of the Probation Provisions in the current criminal law, the conditions of probation and the conditions of execution are also widely discussed. Only by clarifying the conditions and exclusion conditions applicable to the suspended sentence and summarizing the substantive requirements applicable to the suspended sentence can we put forward the specific view of applying probation.