社区矫正工作的困境与对策研究

　　摘 要

　　我国新刑诉法第二百五十八条规定：“对被判处管制、宣告缓刑、假释或者暂予监外执行的罪犯，依法实行社区矫正，由社区矫正机构负责执行”.这意味着社区矫正作为一项新的刑事司法和犯罪预防模式，首次以立法的形式被确立下来，这对于社区矫正制度的发展具有里程碑的意义。法制的健全为社区矫正提供了有力的后盾和保障。社区矫正制度的发展是民主与法制发展的必然要求，也是社会文明进步的标志。

　　但是在我国尚属于起步阶段，仍有大量的理论和实践中的问题需要探索和研究。在实践中，由于准备时间短，立法不全面、社会环境制约等一系列问题，造成了社区矫正工作的困境，甚而对法官行使裁判权造成不利影响。司法行政部门在执行中又缺少强有力的处罚手段，部分社区工作人员有令不行、有禁不止，出现贪腐现象。

　　针对以上问题，认真反思提出一些建议。如在宏观上进一步健全立法体系，在运作机制上规范工作方式，实现各行政部门无缝对接，保障矫正工作流畅进行；规范审前社会调查评估方式，避免干扰法官行使裁判权；丰富管理手段，并完善配套设施等等。相信随着法制的不断健全，一定能使适合我国国情的社区矫正制度发挥越来越重要的作用。

　　关键词 社区矫正 社会环境 建议 管理手段。

　　Abstract

　　China's new crim inal law 258th stipulation provides: “ In accordan ce with law, thecriminals sentenced to public surveillance, probation, parole or temporary execution outsideprison are supervised by community correction system, which is implemented by communitycorrection agencies.” This means that the community correction is established in the form oflegislation as a new crim inal justice and crime prevention model for the first tim e, which isregarded as a m ilepost on the developm ent of community correction system . The improvedthe legal system provides a strong backing an d protection for commun ity corrections; thedevelopment of community correction system is a necessary requirem ent of democracy andthe rule of law development, and it is also a symbol of social civilization and progress.

　　But the community correction in China is still at an initial stage, there are still a lot oftheoretical and practical problem s need to be explored and studied. In practice, the shortpreparation time, incomprehensive legislation ,social environmental constraints and otherissues cause the plight of Co mmunity Correction, even adversely af fect the exercise of thejurisdiction of the judge. The ad ministrative department of justice does not have powerfulmeans of punishment in the im plementation. Some community staff disobey the order andtake bribe.

　　According to the problem s above, the writer puts forward som e suggestions, w hichinclude further improving of legislative system at the macro level, standardizing of the workmode in the operational m echanism for the reali zation of the adm inistrative department ofseamless docking; regulating pre- trial social investigation m ethods of evaluation to avoidinterference with the exerci se of jurisdiction, enriching the means of m anagement, andimproving the supporting facilities and so on. Th e writer believes that with the continuousimprovement of legal s ystem the comm unity correction system will be suitable f or thesituation of our country and play an increasingly important role.

　　Key word Community correction The social environment SuggestionsManagement means

    目 录

　　第 1 章 社区矫正的基本范畴 ······························································································1

　　1.1 社区矫正的内涵······································································································1

　　1.1.1 社区矫正的概念 ····························································································1

　　1.1.2 社区矫正的特点 ····························································································2

　　1.2 社区矫正的理论价值 ······························································································4

　　1.2.1 理论依据········································································································4

　　1.2.2 现实价值········································································································6

　　第 2 章 我国社区矫正的现状分析·····················································································10

　　2.1 我国社区矫正历史沿革 ························································································10

　　2.2 我国社区矫正的运作模式·····················································································11

　　2.3 我国社区矫正存在的问题·····················································································11

　　2.3.1 立法规定依旧有空白，不够全面·······························································12

　　2.3.2 社区矫正具体执行问题分析·······································································13

　　2.3.3 各种配套措施不完善···················································································18

　　2.4 原因分析················································································································21

　　2.4.1 酝酿时间短 准备不够充足·········································································21

　　2.4.2 有些地区规定生搬硬套，不符合实际·······················································21

　　2.4.3 受传统思维所限，整体环境达不到应有水平 ···········································22

　　第 3 章 我国社区矫正制度的完善的思考·········································································24

　　3.1 完善我国社区矫正制度的立法体系·····································································24

　　3.1.1 完善全国立法体系 ······················································································24

　　3.1.2 各地区依实践制定文件···············································································24

　　3.2 完善我国社区矫正制度的具体措施·····································································25

　　3.2.1 实现各部门的无缝对接···············································································25

　　3.2.2 进一步规范审前社会调查评估方式···························································25

　　3.2.3 丰富矫正方法，对不同的对象采用针对性的管理 ···································26

　　3.2.4 用科学的方法设定考评机制·······································································27

　　3.2.5 矫正对象平等对待，消除差别待遇···························································27

　　3.2.6 建立专职的矫正工作人员队伍···································································28

　　3.2.7 严格落实帮教措施，加强教育力度···························································29

　　3.2.8 合理安排经费使，财政支出利用最大化···················································29

　　3.2.9 加强普法力度，提高民众认知度·······························································29

　　3.2.10 加大监督力度，预防腐败发生·································································29

　　3.2.11 建立矫正人员回归制度，保障顺利重归社会··········································30

　　结 语····································································································································31

　　参考文献································································································································32

　　致 谢····································································································································34