【作者】 刘威；

【导师】 张贤明；

【作者基本信息】 吉林大学 ， 公共管理， 2012， 硕士

【摘要】 随着社会的发展，自由刑逐步取代了传统的身体刑罚与死刑，在今日占据刑罚的主导地位，刑罚执行方式和罪犯处遇的日益人道化和文明化成为近现代刑罚发展最显著的特征，把符合条件的罪犯放入社区开展行刑与矫正工作的社区矫正就是这样一种新的刑罚方式。本文从社区矫正的基本涵义入手，分析和梳理了社会矫正制度的理论基础和在国内外的发展与繁荣。在此基础上，重点分析了中国地方政府在开展社区矫正工作中采取的监督管理、教育、社会帮扶等措施和取得的成果。文章最后从完善相关法律，提高社区矫正在刑罚体系中的地位；加强社区矫正工作者队伍建设，发动社会力量参与社区矫正工作；完善社区矫正措施，确保社区矫正工作的针对性和综合性；充分发挥检察机关在社区矫正工作中法律监督职能四个方面论述了我国地方政府开展社区矫正工作的改革与完善。更多还原

【Abstract】 Penalty will lead to deprivation of property, freedom, even heavylife-threatening. For thousands of years, the penalty has been considered of oneof the most severe punishment measures for the criminals. Now,We can saythat the penalty history is the history of the human, which means people’thoughts towards the life values is changing.In nineteenth Century,death penaltyonce occupied the throne of body punishment.People think that penalty has notonly the function of punishment,but also leading the criminals to turn good andback to the society.In the prepuces of punishment execution and criminaltreatment, humanitarian and civilization are becoming the most prominentfeature of modern development of penalty. Under this context, communitycorrection develops fast as a new way of penalty execution in many countriesaround the world.Community correction is also called the community correction or communitytreatment, means that we put the right criminals in line with the communities andthen carry on the community correction work.The development of communitycorrection system in the is fast in the word, which fully embodies innovationspirits of the states in the correction in the field. Community correction wasbudding on the second half of the eighteenth century,when the prison reformtheory was born.Then community correction developed to the peak and grandlybecame rational.As so far,the community correction,attracts attention,is onemost important judicial system in western countries, such as Europe and theUnited States and other western developed capitalist countries.In China, the community correction should be considered to be imported. InChina’s feudal society period, we once had the similar, parole, probation probation system, but was completely different from the modern sense of theconcept of community correction. After the founding of new China, especiallysince the reform and open policy, our country ’s criminal law system is reformedceaselessly and perfect, including the set control, probation, parole, criminalenforcement mode. But,it was not considered to be a specialized system untilrecently. The year of2002was the first year when three streets was carried onthe experimental work of community correction in Shanghai. Then in2003Beijing put nine districts to develop the community correction work. Since then,the concept of community correction and relatively systems in China appearedformally, the reform of penalty system,the community correction work as thecenter,is developing.As the community correctional work unceasingly thoroughly,the mechanisms and measures of community correction work are put into furtherpractice,which also has developed a number of operational regionalspecification. In the past ten years, the community correction work hasaccumulated some experience.As the penal system tends to soft in theworldwide,the " PRC Criminal Law Amendment (eight)" clearly stipulates thesystem of community correction. So far, the community correction system as akind of special system China has been confirmed by the legislation.Thanks to the community correction work, our traditional concept of penaltyis changing, the non-custodial penalty enforcement systems of continuous areimproved,.Besides, it play an positive role in the rehabilitation of education.Bythe varieties of community correction measures, the majority of communityinmates can smoothly return to society, which meas the community correctionwork obtained the good legal effect and social effect.It means a lot for theconstructing the harmonious society in China.Community correction in China is in its infancy,however,it has made obviousachievements, and the future development of the road is more bright. At thesame time, we also should know that, due to the influence and restriction ofChina’s social development stage,there are also many problems.There is a longand tough road to perfect the community correction work in China.更多还原