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社会服务令是西方国家在行刑社会化背景下发展起来的针对轻罪的新型行刑方法,具有人道、经济和易使犯罪人回归社会的制度价值,对我国很有借鉴意义。由于刑事司法理念的不同,西方法律语境下的轻罪在我国多归为违反治安管理行为。同时,治安管理实践表明,公安机关急需一种具有工作罚性质的处罚手段。因此,社会服务令本土化的恰当路径是,结合我国现行治安管理处罚制度,使社会服务令成为治安管理处罚的一个新罚种。
The social service order is a new type of punishment method developed by western countries against misdemeanors in the context of the execution of execution. It has the institutional value of humanity, economy and easy return of offenders to the society, which is of great reference to our country. Due to the different concepts of criminal justice, misdemeanors in western legal context are mostly classified as violation of public security management in our country. At the same time, the practice of public security management shows that the public security organ urgently needs a punitive measure with the nature of job punishments. Therefore, the proper way to localize the social service order is to make the social service order a new penalty for the administration of public security by combining the current system of public security management in our country.