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2011年02月25日,社区矫正正式写入刑法。但社区矫正的范围很窄,只是对原来社区内的服刑人员的管理进行了规范,社区矫正没有成为一个完全的、行刑社会化意义上的社区刑。它的惩罚性明显不足,只有将社区矫正定位于社区公益性劳动为主的劳役刑,才能真正成为社区服刑形式。现在的社区矫正只有进一步修改和完善,替代有名无实的劳役刑,使刑罚更具有衔接性,体系更加完整,才能够充分发挥出刑罚的各项功能。
On February 25, 2011, community correction was formally written into criminal law. However, the scope of community correction is very narrow. It only regulates the management of serving prisoners in the original community. Community correction does not become a complete community punishment of socialization. Its punitiveness is obviously inadequate. Only when the community correction is positioned as a labor penalty based on public welfare work in the community can it become a real form of serving the community. Now that community correction can only give full play to its functions by only further modifying and perfecting it so as to replace the nominal labor penalty and make the punishment more cohesive and the system more complete.