困境与出路：我国社区服刑人员帮困扶助工作实证研究

Dilemma and Countermeasures: Empirical Research on Assisting the Person Serving Sentences in Communities in China

社区矫正是行刑改革的重要举措,帮困扶助是社区矫正的核心要义。预防社区服刑人员重新犯罪,实现社区服刑人员良性复归社会、践行刑罚人道主义是开展帮困扶助工作的动力之源。然以往社区矫正帮困扶助措施受重刑主义的影响,执法观念多有偏差、法律规章频加排斥、社会参与屡受阻滞,严重掣肘社区矫正权利保障功能的发挥和刑罚目标的实现。为提高社区矫正帮困扶助工作的实效,需更新错误理念,纠正偏差认知,形塑人道观念,以此祛除法律制度中的不公平设计,并通过创新发展帮困措施,促使社会服刑人员融入群体,复归社会。

Community correction is an important measure for punishment reform. And assisting the person serving sentences in communities is the core of community correction. The driving forces for assistance are preventing the person serving sentences in communities from committing crimes again, helping them return to society without bad effects and fulfilling the concept of humanitarian on criminal punishment. However, influenced by the doctrine of over-emphasis on criminal punishment of community correction in the past, factors include that the perception of enforcement had many discrepancies, the law and regulations had some exclusive clauses, and that social participation was frequently blocked, seriously hindering performing the function of right protection of community correction and realizing the goals of criminal punishment. In order to enhance the actual effects of assisting the person serving sentences in communities, we are required to change misconceptions, correct prejudice, and reshape the concept of humanitarian, for eliminating the injustice of law, promoting the person serving sentences in communities to be a member of group and to return to society by innovating measures for assistance.