社区矫正的适用问题

On Application of the Community-based Correction

社区矫正符合行刑个别化、轻缓、谦抑的思想而为各国广泛采用,但在其适用方面,问题较多。比较社区矫正制度的适用情况,司法机关的社区矫正施行权符合分权与牵制的思想,对于落实狭义的司法权也有裨益。但是公安机关依法享有的部分施行权也应当保障,将社区矫正工作和公安机关社区警务的推进结合起来可使社区矫正工作更为经济,也更有保障。

The community-based correction is adopted extensively because it matches to the thoughts of executing penalty specifically, lightly and tardily. But quite a lot of problems still exist in its application. By comparing the application circumstance of community-based correction, dividing rights in community-based correction of judicial organs is more in accordance with the thought of dividing and containing rights, which is also helpful for implementing the narrow-sense judicial rights. But some execution rights legally possessed by public security organs should also be guaranteed. Combining the community correction work with the propulsion of the community-police will make the community correcting work more economical and be guaranteed more effectively.