境外人员适用社区矫正制度的问题与对策

Problems and Countermeasures for Overseas Personnel Applying the Community Correction System

经济贸易全球化带来的一大难题是犯罪问题的全球化。在当今世界各国,境外人员在本国犯罪逐渐成为一类严峻的社会问题。近年来我国境外人员犯罪数量呈增长之势,司法实践中存在部分境外罪犯被判处了管制、缓刑等情形,故而产生了对境外人员实行社区矫正的现实问题。我国《社区矫正法》在境外人员社区矫正方面仍存在立法空白,实践中也没有形成统一规范的指导,存在着决定机关观念有所偏差、矫正机构难以确定、矫正工作执行不畅等问题。提升社区矫正工作的分类矫正与个别化矫正效能,敦促在华犯罪的境外矫正对象早日复归社会,可以通过健全相关立法、纠偏司法观念、优化矫正方案等对策,完善境外人员社区矫正机制。

A major problem brought about by economic and trade globalization is the globalization of crime.In today's countries around the world,crimes committed by overseas personnel in their own countries have gradually become a serious social problem.In recent years,the number of crimes committed by overseas personnel in our country has been increasing.In judicial practice,some overseas criminals have been sentenced to control,probation,etc.,which has resulted in the practical problem of implementing community corrections for overseas persons.my country's community correction system has been established for more than ten years,and the"Community Correction Law"w was promulgated in 2019.However,there are still legislative gaps in community correction for overseas personnel.In practice,there is no unified and standardized guidance,and there is the concept of a decision-making authority.There are some deviations,it is difficult to determine the correction mechanism,and the correction work is not executed smoothly,etc.In order to promote the effectiveness of classified and individualized corrections in community corrections and urge overseas correctional subjects who have committed crimes in China to return to society as soon as possible,we can improve the community corrections mechanism for overseas personnel through measures such as improving relevant legislation,correcting judicial concepts,and optimizing correctional plans.