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管制刑作为我国刑种的特色之一,符合我国刑罚的指导思想和目的,形式上也符合国际流行的社会责任思想和团体主义思想。但它在我国现行刑法中的适用范围却很窄,适用比率不足全部刑罚的19%,而且在这很有限的立法适用范围中已真正适用于司法实践更少,几乎到了微乎其微的程度。为什么会这样?原因是多方面的,其中主要有:(1)
As one of the characteristics of criminal law in our country, the control penalty accords with the guiding ideology and purpose of penalty in our country. It also conforms to the international popular thoughts of social responsibility and corporatism. However, its scope of application in the existing criminal law of our country is very narrow. It applies to 19% of the total penalties in the shortfall. It has also been applied to judicial practice to a lesser extent in this very limited scope of legislation. Why is this? The reasons are many, of which are: (1)