行刑新构造下的立法协调与衔接

Legislation Coordination and Cohesion under the New Execution Structure

行刑立法的协调与完善必须适应监禁矫正与社区矫正"一体两翼"的"新常态"。为实现立法内部协调及外部对接,应进一步完善社区行刑立法,并尽快重启《监狱法》的修订,如监狱人民警察的职权、暂予监外执行的程式、社区服刑人员的收监条件及体检等规定均凾待厘定。明确监禁行刑与社区行刑的衔接缺口是健全行刑立法体系的重要前提,因而立法规范的协调统一应注重监禁刑执行和非监禁刑执行的前后贯通与互动衔接,并兼顾公、检、法、司各部门的协调配合及职责分工,致力于构建与行刑一体化相同步的统一刑罚执行制度。

Coordination and perfection of the execution legislation must adapt to the ＂new norm＂ of ＂one body with two wings＂, prison correction and community correction. As for the connection of internal and external legislation, the community execution legislation should be further perfected, and restart revision of the ＂prison law＂ as soon as possible. To make clear cohesion gap between prison execution with the community is one of the important premise, improvement of the legislation system of execution and the harmonious and unified legislation should be noticed before and after the imprisonment of the non - durance penalty execution and penetration, linking to the interactive and judicial organs, give attention to department coordination of each department and the division of duties, which is committed to building and integration of the execution phase synchronization of the unified system of punishment execution.