社区服刑人员收监执行问题研究

On Problems of Community Inmates Committed to Prison and Execution

由于现行立法存在的空白、粗疏乃至冲突,社区矫正工作普遍呈现"收监难"景象。收监执行在提请、裁定、抓捕、执行等环节,存在收监标准模糊、异地提请困难、交付执行主体冲突、社区矫正机构缺失刑事强制权等问题。解决收监执行问题,特别要明确收监交付执行主体:如若将社区服刑人员收监交付执行主体授权给司法行政机关,就应赋予其押解、抓捕等刑事强制权;如若将收监交付执行主体授权给公安机关,司法行政机关也应予以协助。

Because of the lack, deficiency and even conflict of the current legislation, the problem of community inmates committed to prison and execution are widespread in community correction measures. Community inmates committed to prison and execution has several steps including application, ruling, capture, execution and so on. There are some problems in these steps such as the unclear standard of community inmates committed to prison, the problem of application in different district, the subject conflict of execution. To perfect the execution of community inmates committed to prison, the executive body must be defined： if the administrative organization of justice is authorized, it should have the criminal coercive powers such as escorting and arrest ; if the public security organization is authorized, the judicial administrative office should assist.