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一年来,社区矫正试点工作进展顺利:初步建立了领导机构和工作队伍,初步形成了运行机制和程序规范,摸索总结了不少成功经验和有效做法,矫正成果显著。为了加强对这项工作的指导,我们需要对这项工作进行深入的研究和思考。在这里仅就试点工作中有关社区矫正五种人是否属于刑罚执行对象、社区矫正职责任务到底是否应当由司法行政机关承担以及如何承担等问题谈谈我们的认识。一、对五种人实施社区矫正符合非监禁刑罚执行的本质属性准确地把握事物的本质,是正确认识事物、推动工作发展的前提和基础,社区矫正工作也是如此。刑罚执行,是指刑罚执行机关根据人民法院作出的已经发生法律效力的刑事判决或者裁定,依照法定程序,对罪犯准确实施刑罚的刑事司法活动。它具有四个特点,一是执行机关具有特定性,即只能由国家刑罚执行机关执行;二是执行依据具有法定
Over the past year, pilot work on community correction has been progressing smoothly: the leading bodies and work teams have been initially established, operational mechanisms and procedural rules have been initially established, many successful experiences and effective practices have been explored, and the rectification achievements have been remarkable. In order to strengthen the guidance on this work, we need to conduct in-depth research and thinking on this work. Here only on the pilot work on community correction of the five kinds of people are the object of the implementation of penalties, community correction duties and tasks in the end should be borne by the judicial administrative organs and how to assume such issues to talk about our understanding. I. The Implementation of Community Corrections to Five People Complying with the Essential Attributes of Non-custodial Sentence Execution Accurately grasping the essence of things is the prerequisite and basis for correctly understanding things and promoting the development of work. The same is true for community corrections. The execution of a sentence means the criminal judicial activity in accordance with the legal procedure that the criminal penalties implementing organ accurately punishes the criminals according to the criminal judgments or rulings made by the people’s courts that have taken legal effect. It has four characteristics. The first is that the executive organ is specific, that is, it can only be implemented by the national criminal authority. Second,