社区矫正法治化:转型与升级

Community Correction under the Rule of Law: Transformation and Upgrading

我国社区矫正工作必须和我国的法治社会建设同步推进,实现法治化的转型与升级。社区矫正工作理念要从法制治理向法治治理升级;对服刑人员属性的价值判断从一元化到多元化升级;对社区矫正的行刑属性认知上,由空间物理强制转向行刑仪式化,由标签化的外在表现向人性化的内在展示转型与升级;对服刑人员的社会评价功能由肉体控制和精神惩戒向"健全人"和"健康人"转型与升级;社区矫正的实践要从依法开展社区矫正工作的要求转向社区矫正法治化的实践。树立法治目标,崇尚法治理念,重构法治精神,追求法治愿景是社区矫正法治化的标志和文化符号。

The community correction work in our country must be synchronized with China＇s rule of law and social construction so as to realize the transformation and upgrading of the rule of law. The concept of community correction should be upgraded from the legal system of governance to governance under the rule of law. The value judgment of prisoners should be upgraded from unitary to pluralistic. The cognition of the execution of community correction has changed from the space physics compulsion to ritualized execution,transformed and upgraded from the labeling external expression to human internal feelings,and social evaluation of the prisoners from the physical control and spiritual punishment to treating them as ＂a whole person ＂and ＂a healthy person ＂. The practice of community correction should turn from carrying out community correction work in accordance with the requirements to the practice of community correction under the rule of law. To set up the goal under rule of law,to advocate the idea of rule of law,to reconstruct the rule of law spirit,and to pursuit the rule of law vision are symbol and cultural sign of community correction under the rule of law.