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我国多省市县对社区服刑人员外出经商务工制度构建进行了多方位探索,并取得了积极效果。但2012年1月《社区矫正实施办法》作为上位法出台后,其第十三条的规定使省市县关于社区服刑人员外出专门文件相当部分失去效力,对该制度的构建产生了不利影响。必须重视社区矫正的严肃性和惩罚性,避免社区服刑人员因外出经商务工而脱离监管,因此在立法层面上应尤其注意通过分类管理、委托或异地监管等途径解决相关问题。
Many provinces, cities and counties in our country carried out multi-directional exploration on the establishment of the system of commercial workers for serving prisoners in the community and achieved positive results. However, after the “Measures for the Implementation of Community Corrections” was promulgated in January 2012 as the upper-level law, the provisions of Article 13 of these Measures have made a considerable part of the special documents that governed communities out of office in cities, counties and counties lose their effectiveness and adversely affected the construction of the system. We must attach importance to the seriousness and punitiveness of community correction so as to prevent community prisoners from being out of control as they go out for business. Therefore, at the legislative level, special attention should be paid to solving the problems through classification management, entrustment or off-site supervision.