论我国社区矫正制度的适用与推进

Application and Impelling the System of Community Correction in China

我国社区矫正制度已试行9年,但社区矫正适用规模没有明显扩大,社区矫正的优势未充分体现,有观念上的障碍、立法和制度上的制约和行刑社会化基础薄弱等原因。理性看待社区矫正的安全性是推进我国社区矫正发展的认识前提。扩大我国社区矫正适用规模的路径在于,确立和贯彻监禁矫正必要性原则,完善现行刑法有关社区矫正适用的规定。外延式的发展模式是当前我国社区矫正制度发展的主要模式,但应遵循渐进式的发展步骤。

Although the system of community correction has been tested out for 9 years, the scale of application of this system has not been expanded obviously and has not fully made the most of the advantage. There are several reasons, including the obstacle of ideas, the restriction of law and system, and the instability of executing socializa- tion. A rational perspective of the security of community correction is the premise to make the system to develop. The path to expand the scale of application is that the principles of necessity of imprison should be established, and the regulations of community correction in the criminal law should be completed. The mode of extensive develop- ment is nowadays the main developing mode of the system of community correction, but the step of development should be gradual.