人民法院参与社区矫正存在的问题及对策

The Problems and Suggestions on the People's Court's Participation in Community Correction

社区矫正是人民法院行使审判职能、参与社会管理创新的一项重要工作。自2003年试行社区矫正工作以来,人民法院在社区矫正工作中发挥了重要作用,但仍面临着立法依据不足、非监禁刑适用率较低、与相关部门工作衔接不够紧密等困难和问题。要更好地推进人民法院参与社区矫正工作,应当出台专门的《社区矫正法》,同时加强对法院参与社区矫正的立法研究,应当依法扩大非监禁刑的适用,加强法院与相关部门的工作衔接。

Community correction is an important work of court in performing judicial functions and participating in social management innovation. Although the court has been playing an important role in the pilot of community correction program since 2003, this work is confronted with many difficulties and problems such as the lack of a law of community correction, the low rate of application of non-imprisonment penalties, and flaw connection between the court and other related departments, etc. In order to push the work forward, the Community Correction Law should be enacted and the research on court＇s participation in this program should be strengthened. And also, the court should enlarge the application of non-imprisonment penalties according to the law, and strengthen cooperation with other related departments and SO on.