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社区矫正试点中的老问题未解决,推广中又遇新问题。社区矫正的成效依赖于制度机制的健全,资金的到位和社区的发育。对于社区矫正这样一项刑罚执行活动,一部具有全国性效力的法律的颁行应当是前提性的。本文根据最早试点地区的经验和问题,提出立法时应着力解决四大问题:社区矫正的适用范围,执行机关,奖惩措施和社区服刑人员的人身危险性评估。
The old problems in the community correction pilot were not solved, and new problems were encountered in the promotion. The effectiveness of community correction depends on the soundness of the institutional mechanisms, the availability of funds and the development of the community. For a criminal execution such as community correction, the enactment of a nationally valid law should be premised. Based on the experience and problems of the earliest experimental areas, this article attempts to solve four major problems when applying for legislation: the scope of community correction, the executive authorities, rewards and punishments, and the assessment of the personal danger of prisoners in the community.