有中国特色社区服务刑制度探究

On the Community-service Punishment System with Chinese Characteristics

“社区服务刑”作为社区矫正的最基本方式已被当今世界许多国家立法予以认可并加以执行。我国应借鉴国外社区服务刑的立法和实践,充分认识我国刑罚体系中增设社区服务刑的必要性,注重结合我国社区矫正试点工作的实践,探索社区服务刑的适用对象、判决和执行的基本制度,积极创建有中国特色的社区服务刑制度体系。

＂Community correction＂ emerged in the 1970s in European and American countries and it is now an important form for punishing and reforming criminals. ＂The community-service punishment＂, as the basic form of community correction, has entered the legislation and law-enforcement of many countries. China should learn from their practice and experience because it is necessary to add the community - service punishment as an item to our punishment system. The construction of such system with Chinese characteristics should take the trial community correction in China into account and find out the suitable items and system for carrying out this new practice.