中美"社区矫正"理论与实务比较研究

目前在许多国家,适用社区矫正的罪犯已经大大超过了监禁人数.社区矫正起源于美国.理论上,美国的社区矫正集中体现了刑罚的人道主义精神.中国实行社区矫正主要致力于推进司法改革的进程.然而,中美两国社区矫正的主管部门、矫正对象、矫正的方式方法等在实践中却大相径庭.中国尝试行刑社会化改革并非象征性的,自2002年开始移植社区矫正制度试点工作,最近正准备在城乡全面推广.研究、借鉴美国的社区矫正经验,有助于完善中国的社区矫正法律制度,有利于创建和谐社会.

A Comparative Study on Sino-U. S. Community Correction

The United States is one of the countries which first put the community correction into practice,grounded on its solid legal system,its advanced technology,prevailing rule of law and ideas of civil rights.The system of community correction expresses the humanistic spirits in criminal penalty.According to statutory laws,American community correction is operated under the federal government and state governments.People engaged in community correction are parole and probation officials as well as social volunteers.Community correction is applied mainly to non-violent criminals,first offenders,juvenile delinquents,and aged criminals.Measures of correction include diversion,parole,probation,home confinement,RRC or halfway house,intermittent imprisonment,community service and electronic surveillance,etc.In 2002,China started to introduce the community correction system and practiced the socialization of executing punishment in order to solve the problems of over-jailed prisons and lighten the financial burdens.But Chinese government is still facing the following difficult problems in practicing community correction:deficiency of legislation,separation of legal body and working body,narrow scope of application,few correction measures,insufficient funds and workers for community correction,and so on.Through comparative studies on the Sino-U.S.community correction,the author suggests that Chinese government legislate statutes or rules for community correction,normalize the organs of decision-making,execution and supervision;enlarge the scope of application;practice more effective measures of correction;ensuring the financial allocation of community correction in the governmental annual budget;recruit more specialists and volunteers for the community correction troops.In this way,community correction will play its important role in establishing a harmonious society.