强化社区矫正检察监督的必要性与可行性

On Necessity and Feasibility of Strengthening Procuratorial Supervision of Community Correction

我国目前刑事判决中一半以上的被告人被判处缓刑、管制,再加上服刑罪犯被假释、保外就医的,监外执行的罪犯大于监内执行的人数,随着修改后的《中华人民共和国刑事诉讼法》的贯彻落实,监外执行的罪犯人数的比率还将有进一步地上升,修改后的刑事诉讼法将监外执行职责完全赋予地方司法行政机关①,扩大了地方司法行政机关管理权限,也加大了地方行政司法机关刑罚执行的职责,因此有必要探讨社区矫正的检查监督及实施途径。

At present, in our criminal trial practice, more than half of the defendants were sentenced to proba- tion, control, plus the criminals were released on medical parole, the number of the criminals outside prison is greater than the number of criminals in prison. With implementing the revised the Criminal Procedure Law of the People＇s Republic of China, the percentage of the criminals outside of prison will also have further rise. The re- vised criminal procedure law completely gives the responsibility of execution outside prison to local judicial ad- ministrative organs, enlarges their management authority as well as increases the execution responsibilities of lo- cal administrative judicial organs, so it is necessary to take a probe into the prosecutorial supervision and imple- mentation approach of the community correction.