论社区矫正的本土化适用

社区矫正制度代表着罪犯处遇的未来方向,其理论根基源于刑法谦抑性思想、行刑社会化理念。社区矫正符合行刑个别化的思想而为各国广泛采用。就我国而言,我国社会理念载体、法律载体和物质载体为社区矫正的本土化提供了现实可能。建议通过完善社区刑罚的刑事立法,整合现有基层司法资源,完善矫正机构职能分工,保障和促进社区矫正在我国的发展。

On the Localization Application of Community Rectification

In the world today, the system of community rectification stands for the future direction of the crime, whose theoretical root lies in the socialization of execution of sentence. It has been adopted by many countries. However, there still exist some issues on its application. As to our country, it's supposed to improve the criminal legislation, recognize the basic level judicial resources so that the community rectification can have a quick and healthy development.