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随着《刑法修正案(八)》的通过,社区矫正制度正式写入刑法,并于2011年5月1日开始实施。在追求法制文明的今天,刑罚的适用和执行过程中充分体现文明化、人性化、教育化是必然趋势,非监禁刑扩大适用,使得社区矫正成为司法工作的重要内容。与此同时,作为国家法律监督机关,人民检察院负载的监督职责的范畴,必然包容了对社区矫正工作的监督。由于其必要性,社区矫正的检察监督受到高度的重视,但是,由于其监督对象的新兴性,目前,人民检察院对社区矫正工作的监督尚面临着困难,使其运行不可避免的存在缺陷。本文力求通过对社区矫正工的检察监督的依据、必要性进行分析,并指出该项工作现阶段存在的运行缺陷,从而提出完善对策,建构出今后工作的蓝图,以指导工作实践。
With the passage of the “Criminal Law Amendment (8)”, the community correction system was formally written into the criminal law and came into force on May 1, 2011. In the pursuit of legal civilization, the civilized, humane and educationalization is an inevitable trend in the application and enforcement of penalties. Non-custodial sentences are widened and applied, making community correction an important part of judicial work. At the same time, as a supervisory organ under the supervision of the state legal organs and people’s procuratorates, it is bound to contain the supervision of community corrections. Due to its necessity, the procuratorial supervision of community correction has received a great deal of attention. However, due to the emerging nature of its supervisory objects, at present, the people’s procuratorate faces difficulties in supervising community corrections and inevitably runs its own defects. This paper tries to analyze the basis and necessity of procuratorial supervision of community corrections workers and point out the operational deficiencies existing in the current work so as to put forward the countermeasures and construct a blueprint for future work so as to guide the practice of the work.