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《刑法修正案(八)》明确规定了对判处管制、缓刑以及假释的罪犯依法实行社区矫正,首次明确了社区矫正的法律定位.尽管新刑诉法没有对社区矫正的基本程序问题作出规定,但作为一项重要的刑罚执行方式,检察机关如何履行好法律监督职责,对该项工作的深入开展尤为重要。本文分析社区矫正检察监督的涵义及意义,参考本土以外社区矫正的优点,尝试构建中国社区矫正的检察监督制度。
The Amendment to the Criminal Law (8) clearly stipulates that the correctional law of community correction should be clarified for the first time by the criminals sentenced to control, probation and parole according to law.Although the new Criminal Procedure Law does not provide for the basic procedure of community correction, However, as an important means of execution of punishment, how procuratorial organs perform their duties of legal supervision is particularly important for the further development of this work. This article analyzes the meaning and significance of community corrections prosecutorial supervision, refers to the advantages of community corrections outside of the local community, and tries to build a procuratorial and supervision system of community corrections in China.