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从2003年试行社区矫正工作以来,作为一种新兴的刑罚执行方式,社区矫正已成为我国刑罚执行制度的重要组成部分,但同时也为我国刑罚执行检察监督工作提出了新的要求和挑战。监督实践发现社区矫正工作存在工作队伍薄弱、拟适用社区矫正调查评估问题多、交付执行乱、矫正和教育管理虚化、收监执行标准模糊等问题。而检察监督也面临缺少操作规范、监督信息获取难、监督缺乏刚性、监督协作机制不全和监督队伍不适应监督工作需要等难题。笔者认为,规范社区矫正及其监督可以从完善社区矫正法律、配套出台社区矫正检察工作办法、建立全国社区矫正信息平台、构建社区矫正一体化监督机制和强化社区矫正检察队伍等几个方面着力。
Since the community corrections were piloted in 2003, community correction has become an important part of China’s penalty enforcement system as an emerging mode of execution of penalties. However, it also sets new requirements and challenges for the implementation of procuratorial supervision in our country. The supervision practice found that the work of community correction work is weak, and the issues of community correction investigation and assessment, the execution of delivery correction, the rectification and education management, the implementation of supervision and management standards, and so on are proposed to be applied. At the same time, procuratorial supervision is also faced with such problems as lack of operational norms, difficulty in obtaining supervision information, lack of rigidity in supervision, inadequate supervision and coordination mechanisms, and inadequate supervision of supervision teams. The author believes that standardizing community corrections and their oversight can focus on improving community corrections laws, supporting the formulation of community corrections and procuratorial work methods, establishing a national information platform for community corrections, building an integrated monitoring mechanism for community corrections and strengthening community corrections prosecution teams.