非监禁刑体现了刑罚轻缓化、刑罚人道主义和回归社会的刑罚理念。20世纪以来,特别二战以后,非监禁刑在各国的刑事制裁体系中的地位不断提高。然而,在我国,由于长期受重刑主义思想的影响,监禁刑在刑罚体系中长期占据主要位置,非监禁刑在刑事立法方面还存在很多需要完善的地方。 Non-custodial sentences reflect the punishment of punishment, humanitarian punishment and the return to society penalty concept. Since the 20th century, especially after World War II, non-custodial sentences have been steadily rising in the criminal sanctions system in various countries. However, in our country, due to the long-term influence of serious criminalism, the imprisonment penalty occupies the main position in the punishment system for a long time, and there are still many areas for non-imprisonment penalty in criminal legislation.