互构关系中社区矫正对象与性质定位研究

社区矫正对象和性质是社区矫正制度中的两个基础问题。当今学界有关这两个基础问题的争议呈现的几近陷入僵局和死结状态,是因为他们或者仅在各自范畴内进行独立地研究,或者没有厘清研究的逻辑顺序造成的。社区矫正对象和性质具有互构关系,应从对象入手进行整体的系统研究。当今社区矫正在对象上面临的主要问题是所依附的法律相关规定不尽合理,对象仅限制在四类罪犯上,对于从理论和现实角度出发可以纳入矫正对象的剥夺政治权利罪犯及附条件不起诉人未予规定。因此,应以发展的眼光和从刑事一体化的角度出发,将社区矫正性质定位为更具有开放性的非监禁性的刑事处遇方法。

On the Object and Nature Orientation of Community Correction in the Mutual Construction Relationship

The object and the nature of community correction are two fundamental problems of the community correction system. The current disputes about these two problems are almost deadlocked because academic researchers either conduct independent research in their respective categories or they do not clarify the logical sequence of their research. There is a mutual construction relationship between the object and the nature of community correction. Overall systematic researches should be conducted starting based on the object of community correction. Currently, the main problem of the object of community correction is that relevant legal provisions which it is pertained to are not reasonable. The scope of the object is just limited to four categories of criminals. There are no provisions regarding those criminals who are sentenced to deprivation of political rights and those criminals who are held conditional non-prosecution, which can both be included in the object of community correction. Therefore, with the view of development and from the perspective of criminal integration theory, the nature of community correction should be defined as a more open non-imprisonment criminal treatment method.