论我国管制刑的完善

On the Improvement of China's Control Punishment

我国《刑法》独创的管制刑是具有中国特色的不剥夺人身自由进行教育改造的限制自由刑,它符合刑罚轻刑化、开放化的发展方向,但同时也存在一些问题,引起存废之争。我国现行管制刑存在管制刑所体现的惩罚性较弱、管制刑缺乏可操作的义务内容、管制刑无制裁性措施加以保障等缺陷。借鉴社区服务刑,通过细化管制刑的内容,增加一定时间的社区服务、完善管制刑的制裁和惩罚机制、完善管制刑的管理监督机构等措施完善我国的管制刑。

Control punishment, originated in China, is typical of Chinese penalty in which criminals are reformed through labor without being deprived of freedom. Though control punishment is characterized as light punishment and openness, its problems resulted in the argument about its existence or abolishment. The flaws of control punishment are： light punishment, lack of practical compulsive content, devoid of crack- down to secure the punishment, etc. To improve control punishment, community service punishment can be made use of： to clarify the content of control punishment, to increase some community service, to improve the punishment system of control punishment, to ameliorate the management and supervising departments of control punishment.