女性以暴抗暴犯罪适用社区矫正的可行性分析

On the Feasibility of Applying Community Correction to Deal with Female Violence against Violence Crimes

社区矫正是一种非监禁刑罚执行活动,在我国试点和推广已近十年。受虐女性以暴抗暴犯罪,是一种特殊的犯罪。对此类罪犯适用社区矫正,从人道主义的角度而言,具有正当性。它不仅可以节约司法资源、解决现实的社会问题,对女犯的再社会化也是有益的。建议从专业性、规范性上完善现有制度,消除适用条件的制度壁垒,建构具有针对性的社区矫正制度,从而保障女性的权益。

Community correction is a kind of non imprisonment penalty and its implementation and promo- tion in China is about nearly ten years. The abused women＇s violence against violence crime is a special kind of crime. The application of community correction to deal with such crimes has its legitimacy judging from the per- spective of humanitarian perspective. It can not only save judicial resources and solve practical social problems but also benefit the female criminals. This paper suggests to construct a highly individualized community correction system by perfecting the current system with profession and regulation and abolishing the barriers of its implementa- tion so as to protect the rights of females.