中國大陸社區矯正發展的變革與展望－－兼論相關創新作法對我國的啟示

Change and Prospect of the Development ofCommunity Corrections in China–Also Discussing Relevant Innovative ApproachesThereof Inspiring Taiwan

我國社區矯正制度之立法沿革及實務作為，不論是法制面或實務面都優於中國大陸。惟隨著兩岸社會及經濟發展之消長，中國大陸近年來不斷汲取國際及我國社區矯正發展的理論及實務運作經驗等，雖仍存有若干缺失，亟待改善，但其努力改革法制、勇於創新或實驗（試點）的作為仍可供我國引以為鑑或參考學習。基此，本文擬先探討中國大陸社區矯正之法制變革，分析大陸社區矯正之執行現況，最後則從論述大陸社區矯正之特色及優勢中，探討是否有可供我參酌之處，俾利於我國改善傳統社區矯正工作之缺失及增進工作效能。

Speaking of the legislative evolution and practical operation for the system of community corrections,Taiwan is superior to China whether from the aspect of legal system or of practice. Nevertheless, followingthe growth and decline of economic and social developments between the cross-straits, China has recentlylearned on and on the theory and experiences of practical operation, regarding the community corrections,from countries around the world including Taiwan, that such efforts made by China on the reformationof legal systems and the active actions on the innovation or experiments (units) thereof, can be taken forreferences and learned as a lesson by Taiwan, in spite of the fact that improvements are still urgently requiredfor China on some deficiencies. Given the above, this paper will discuss first the change on the legalsystem of community corrections in China, with analysis on its status of implementation for the communitycorrections. Finally, discussion will be made about the features and superiority for China in terms of thecommunity corrections such that Taiwan may consider and take reference, thereby Taiwan can improve thetraditional work of community corrections over shortages and increasing efficiency.