《社区矫正法》实施背景下司法行政机关的机遇、挑战及应对

Opportunities, Challenges and Responses of the Judicial Administrative Departments under the Background of Community Correction Law

《社区矫正法》的颁布与实施,为司法行政机关带来重要的历史机遇。主要表现在:司法行政机关作为执行主体的法律地位正式确立;公、检、法、司之间的关系得到合理调整;社区矫正社会参与得到充分的制度支持。然而",徒法不足以自行",而是需要在既有的起点上,进行磨合和探索,这无疑给司法行政机关带来巨大挑战。为了推动社区矫正制度绩效的实现,司法行政机关需要充分运用制度资源化解自身困境;积极探索国家力量之间的协调机制;促进社区矫正社会参与的良性发展。

The promulgation and implementation of Community Correction Law has brought important historical opportunities for the judicial administrative departments. The main manifestations are: the legal status of the judicial administrative departments as the executive body is officially established;the relationship between the public safety organs, the people’s procuratorates, the people’s courts and the judicial administrative organs has been reasonably adjusted;and the community participation in community corrections is fully supported by the system. However, "Acts are not self-sufficient", but they need to be carried out and explored from the existing starting point, which will undoubtedly bring great challenges to the judicial administrative departments. In order to promote the performance of the community correction system, first of all, the judicial administrative departments need to make full use of system resources to resolve their own dilemmas;second, actively explore the coordination mechanism between national forces;again, promote the healthy development of community correction social participation.