德国社区矫正中的惩罚措施及其借鉴

德国作为大陆法系的代表国之一,其社区矫正发展日趋成熟,其中不乏值得我国借鉴的地方。目前,我国社区矫正存在惩罚性缺失、形式大于内容的发展现状,通过对德国社区矫正中惩罚措施的借鉴,有利于改善这一现状,进而构建起适合我国社区矫正的特色惩罚机制,即审判时、刑罚执行中的双层惩罚机制。

Reference to Punishment Measures of German Community Correction

Germany is one of the representative countries in the continental legal system. With the gradually mature development of its community correction,there are much more experiences worth learning from. The present situation of our community correction is that it lacks punitive nature and pays more attention to form than the content. In order to improve the situation,we should draw on the experience of the punishment measures of German community correction,which may also help build a characteristic punishment mechanism suitable for Chinese community correction. Offenders should be punished both during the trial by judges and during the execution of punishment.