论管制刑执行的制度性构想——以刑事执行一体化为视角

管制刑从民主革命根据地时期创立以来,其性质经历了从只适用于属于敌我矛盾性质的犯罪分子不适用于人民内部矛盾性质的犯罪分子到适用于罪行轻微的犯罪分子的转变,在我国刑罚体系中占有重要的地位,发挥了巨大的作用。但是目前我国管制刑执行中问题凸现,这有管制刑本身结构上的缺陷,也有执行制度上的不周延。对此,应结合我国国情,从刑事执行一体化的角度出发,不断完善管制刑执行制度。

On the System of Public Surveillance Enforcement

Established in the period of democratic revolution, the punishment of public surveillance has been playing a big role in Chinese system of punishment. When it was first established, this punishment was applied only to criminals connected with contradiction among the people, not applicable to those connected with contradiction between ourselves and the enemy, and then it was extended to minor offenders. Due to the defects of this punishment as well as those of the system, there are many problems related to the enforcement of public surveillance in China. To solve these problems, we should improve the system of public surveillance from the angle of criminal execution integration.