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社区矫正是一种非监禁刑罚执行活动,在我国试点和推广已近十年。受虐女性以暴抗暴犯罪,是一种特殊的犯罪。对此类罪犯适用社区矫正,从人道主义的角度而言,具有正当性。它不仅可以节约司法资源、解决现实的社会问题,对女犯的再社会化也是有益的。建议从专业性、规范性上完善现有制度,消除适用条件的制度壁垒,建构具有针对性的社区矫正制度,从而保障女性的权益。
Community correction is a non-custodial sentence execution activity, which has been piloted and promoted in our country for nearly ten years. Abused women to violate violent crime, is a special crime. The application of community correction to such offenders is justified from a humanitarian perspective. It can not only save judicial resources and solve practical social problems, but also help to re-socialize women prisoners. It is suggested that the existing system should be improved in a professional and normative manner, the institutional barriers to applicable conditions should be eliminated and a targeted community correction system should be constructed so as to protect the rights and interests of women.