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社区矫正是与监禁刑相对的行刑方式,近几年在中国不论是制度上还是实践上都取得了很大的成就,目前社区矫正的适用对象主要包括:被判处管制的;被宣告缓刑的;被暂予监外执行的(有严重疾病需要保外就医的;怀孕或者正在哺乳自己婴儿的妇女;生活不能自理,适用暂予监外执行不致危害社会的);被裁定假释的;被剥夺政治权利,并在社会上服刑的。2003年我国开展了社区矫正试点工作,经过四年的试点实践,取得了明显的成绩,各方面反映较好;2009年有关部门有进一步在全国试行社区矫正,得到了社会各界广泛的关注;2011年《刑法修正案(八)》的颁布与实施不仅使我国社区矫正的理论日渐成熟而且为我国社区矫正的实践提供了良好的理论基础;2012年正式颁行《社区矫正实施办法》,加强和改进了对特殊罪犯的管理和惩治方式。以上是我国近几年在社区矫正制度上的努力,虽然我国社区矫正制度日趋成熟逐渐进步但其中凸显的矛盾和各种社会焦点仍需在制度上和理论上予以完善。本文旨在深刻地了解我国社区矫正的现状和造成现状的原因,及解决的方法。
Community correction is the mode of execution opposite to imprisonment. In recent years, great achievements have been made in both system and practice in China. At present, the applicable objects of community correction mainly include: being sentenced to control; being sentenced to probation; Being temporarily sentenced to extra-prison execution (women who are pregnant or who are breastfeeding their own babies who have severe illness and need medical treatment; those who are unable to take care of themselves for temporary extra-prison execution and are not harmful to society); those who are found on parole; those who are deprived of their political rights, And serve his sentence in society. In 2003, China carried out pilot work on community correction. After four years of pilot practice, it has made remarkable achievements and reflected good results in all aspects. In 2009, relevant departments further tried out community correction in the whole country and got wide attention from all walks of life. 2011 The promulgation and implementation of the “Criminal Law Amendment (8)” not only made our theory of community correction more mature but also provided a good theoretical basis for the practice of community correction in our country. In 2012, the Measures for the Implementation of Community Corrections were promulgated, Improved the management and punishment of special offenders. These are the efforts of the community correction system in recent years in our country. Although the system of community correction in our country is gradually becoming more and more mature, the contradictions and all kinds of social focal points highlighted in it still need to be improved systematically and theoretically. This article aims to deeply understand the current situation of community correction in our country and the reasons for the status quo and the solutions.