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管制刑在社区矫正工作推广的过程中,其固有的弊端进一步显现,处于被边缘化的尴尬境地,几近名存实亡。要使管制刑走出困境,可以考虑将其改造为社区保安处分,与收容教养等机构内处遇的保安处分措施一起构成完善的保安处分体系。将管制刑改造为社区保安处分,需要处理好作为犯罪前预防的管制与作为犯罪后预防再犯的安置帮教的关系以及作为社区保安处分的管制与社区刑罚的关系等两对关系。
In the process of promoting community corrections, the inherent disadvantages of the criminal control have become more obvious. In the marginalized embarrassment, the criminal penalties have existed in name only. To make the criminal punishment out of the woods, we can consider transforming it into a community security measure and, together with security measures such as those encountered in institutions such as houses for recuperation, form a sound security and punishment system. The reconciliation of criminal punishment to community security should be handled in two pairs of relations: the relationship between the control as a pre-crime prevention and the placement assistance as a preventative crime prevention after crime and the relationship between the control as community security and the community punishment.