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就社区矫正这一系统化的非监禁刑罚社会管理工作而言,笔者认为,首先要解决的一个问题就是要正确理解“社区矫正法治思维”和“社区矫正法治方式”的深刻内涵,并用法治思维构建中国特色之社区矫正监察监督新模式,从国际社会的发展趋势来看,刑罚制度已为主的阶段进入了以非监禁刑为主的阶段。社区矫正是当今世界各国矫正领域中发展较快的一个领域,也是集中体现各国在矫正领域中的创新精神的领域之一。在许多国家中,适用社区矫正的人数大大超过监禁人数,并取得了良好的社会效益。随后,各地在加强和创新特殊人群管理上,又根据中央关于深化司法体制和工作机制改革的总体部署,已开展了不少构建中国特色之社区矫正新模式。从我国现行刑罚制度来看,我们的社区矫正有自己的体系和特色,但与国外的情况相比,在适用的对象、范围、矫正的方法及其效果方面还有待加强。总结提炼社区矫正实施办法成功经验,制定的规范统一全国社区矫正监察监督工作的规范性文件还没有。
As far as community correction, a systematic social management of non-custodial sentences, is concerned, the author believes that one of the problems to be solved first is to correctly understand the profound connotation of “community corrective rule of law” and “community corrective rule of law” , And build a new model of community corrective supervision and supervision with Chinese characteristics from the perspective of rule of law. Judging from the development trend of the international community, the penalty system has entered the stage of being mainly non-custodial sentences. Community correction is one of the fastest developing areas in the field of correction in all countries in the world and one of the areas that embodies the innovative spirit of all countries in the field of correction. In many countries, the number of people who apply community correction greatly exceeds the number of prisoners and has achieved good social benefits. Subsequently, various localities in the process of strengthening and innovating the management of special populations and in accordance with the general plan of the Central Government on deepening the reform of the judicial system and working mechanism have carried out many new models of community correction with Chinese characteristics. Judging from the current system of punishment in our country, our community correction has its own system and characteristics. However, compared with the overseas situation, it still needs to be strengthened in terms of applicable objects, scope, methods and effects of correction. Summarizing the successful practices of refining community corrective measures, normative normative documents regulating normative and unified monitoring and supervision of community corrections have not yet come out.