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管制刑是具有中国特色的一种限制人身自由的刑罚方法,其产生于解放战争时期,在实践中挥了较大的作用。然而,在新的形势下由于社会政治经济文化等因素发生了很大变化,导致管制刑的有关规定难以真正执行,司法实践中适用特别少,甚至形同虚设。文章以管制刑的历史演变与发展为切入点,阐述了其立法现状,分析了其适用率低的原因,并提出了相关的完善措施。
Control of criminal punishment is a kind of Chinese characteristics with the restriction of personal freedom penalty method, which was born during the liberation war, played a larger role in practice. However, under the new situation, great changes have taken place in the socio-political, economic and cultural factors, which have made it difficult to implement the relevant provisions of the criminal punishment and have little or no actual application in judicial practice. The article takes the historical evolution and development of criminal punishment as the starting point, elaborates the current situation of legislation, analyzes the reason of its low application rate, and puts forward the related improvement measures.