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社区矫正作为一种刑罚执行制度,在美国等一些国家已经有几十年甚至上百年历史。我国的社区矫正工作起始于2002年8月,上海是全国最早启动社区矫正试点工作的地区。在我国,社区矫正是指将被依法判处或裁定的缓刑、假释、管制、剥夺政治权利和暂予监外执行的对象放在社区,运用非监禁的方式,依靠社区力量对他们进行有针对性的教育改造的一种行刑制度。中共十六届六中全会的决议中也提到要“积极推行社区矫正”。目前我国社区矫正试点工作已在北京、上海、江苏全面推开,司法部确定的第一批、第二批试点单位已有18个省、市、自治区。这项改革不仅在我国刑罚史上具有里程碑意义,对于化解社会矛盾,构建和谐社会也具有重要的作用。由于我国社区矫正工作起步较晚,在立法层面和执法层面有很多问题值得探讨和研究。
Community correction, as a kind of punishment execution system, has been in the United States and some other countries for decades or even centuries. China’s community correction work started in August 2002, and Shanghai is the first region in China to start pilot community correction work. In our country, community correction means placing probation, parole, control, deprivation of political rights and temporary extra-judicial executions sentenced or ruled by law into the community, using non-imprisonment methods and relying on the power of the community to target them A system of execution of education reform. In the resolution of the 6th Plenary Session of the 16th CPC Central Committee, it was also mentioned that “actively promote community correction”. At present, the pilot work of community correction in our country has been fully launched in Beijing, Shanghai and Jiangsu. The first and second pilot units set by the Ministry of Justice have already had 18 provinces, municipalities and autonomous regions. This reform not only has a milestone in the history of criminal penalties in our country, but also plays an important role in resolving social conflicts and building a harmonious society. Due to the late start of community correction work in our country, there are many problems worth exploring and studying at the legislative and law enforcement levels.