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社区矫正于20世纪中叶诞生于美国,现已被世界主要国家所采用,我国亦不例外。我国引进社区矫正制度的理论依据主要有:建设和谐社会的政治背景;宽严相济的刑事政策;保障人权的国际潮流;追求效益的法的价值理念。目前,我国已有十八个省(市)开展了社区矫正的试点工作,在促进社区矫正制度本土化方面取得了较好的成绩,但在实践中也暴露出了一些问题。针对这些问题,本文指出我们需要不断地改进和完善,以促使社区矫正这一外来制度更好地适应我国的国情,在和谐社会建设中发挥更大的作用。
Community correction was born in the United States in the mid-20th century and has now been adopted by major countries in the world. Our country is no exception. The theoretical basis for the introduction of community correction system in our country are as follows: the political background of building a harmonious society; the criminal policy of tempering justice with mercy; the international trend of safeguarding human rights; and the value concept of the law of pursuing efficiency. At present, 18 pilot provinces (cities) in China have carried out pilot projects of community correction and have achieved good results in promoting the localization of community correction systems. However, some problems have also been exposed in practice. In response to these problems, this article points out that we need to constantly improve and perfect in order to promote the community correction of this system to better adapt to China’s national conditions, play a greater role in building a harmonious society.