刑罚执行与社会福利:社区矫正性质定位思辨

The Dual Nature of Community Correction: as Punishments and Social Services for offenders

有关社区矫正的单一的刑罚执行性质说,虽然是国内理论界最流行的论述,但是在实践中已经越来越陷入困局。笔者尝试从人类刑罚观念和刑罚制度历史变迁、社区矫正试点工作的目的与任务,以及社会福利与社会工作相互关系等三个角度,阐明社区矫正的双重性质定位:刑罚执行与社会福利。

It is widely admitted that community correction provides only punishment sanctions for offenders, which in practice is merely part of the responsibility that community correction plays. This paper presents the dual nature of the community correction program as both punishments and social services for offenders by checking the perspective and history of human punishment system, the purposes and aims of community correction as well as the relations between social welfare and social work.