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非监禁刑,是指在监狱等羁押场所之外,对犯罪人适用的刑罚种类的统称。非监禁刑是对宽严相济刑事政策中“宽”的有力回应,研究非监禁刑的适用是落实宽严相济刑事政策的内在要求。国外非监禁刑适用非常普遍,而我国现有的非监禁刑体系在刑事立法、司法和刑罚执行等方面存在诸多缺陷,这为非监禁刑在我国的广泛适用竖起了重重障碍,导致非监禁刑刑罚功能不能充分发挥。因此,亟需在刑事立法、司法和刑罚执行等层面进行必要的改进,以使我国非监禁刑体系日臻完善。
Non-custodial punishment refers to the general term for the types of penalties applicable to offenders outside prisons and other places of detention. Non-imprisonment is a vigorous response to the “wide” criminal policy of temper justice with mercy. Studying the application of non-imprisonment penalties is an inherent requirement of implementing the criminal policy of strict and leniency. The application of non-custodial sentences abroad is very common, while the existing non-custodial sentences in our country have many shortcomings in criminal legislation, judicature and execution of sentences. This has created many obstacles for the widespread application of non-custodial sentences in our country, resulting in non-imprisonment Penal punishment function can not give full play. Therefore, there is an urgent need to make the necessary improvements at the criminal legislation, judicial and penalty enforcement levels so that the system of non-custodial sentences in our country will be perfected.