我国的刑法、刑事诉讼法、监狱法中都无社区矫正制度的规定。由于没有法律依据,社区矫正制度事实上处于非法运行的状态。必须尽快修订刑法,规定被判处管制、缓刑、单处剥夺政治权利的罪犯和被假释的罪犯的刑罚执行方式为社区矫正。在刑法修订中还应明确社区矫正工作的执行机关。 China’s criminal law, criminal procedure law, prison law, no community correction system requirements. In the absence of a legal basis, the community correction system is in fact in an unlawful operation. The criminal law must be amended as soon as possible to provide that the penalties imposed on prisoners who have been sentenced to control, probation, deprivation of political rights in their entirety, and those on parole should be community corrections. In the revision of the criminal law should also be clear that the implementation of community correction agencies.