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拘役刑是我国《刑法》规定的五个主刑之一,拘役刑较有期徒刑以上刑罚在执行上具有较优惠的待遇。比如服刑人在服刑期间每月有一到两天的假期,并且在劳动中可以酌量发给报酬,但在实际执行过程中这些待遇并未能真正得到履行。刑法既已规定了拘役可享受的权益,就体现了立法者的意图,不能因为实践中执行的困难而否定它的意义,文章意图从实践的角度去解决拘役刑执行过程中出现的问题。
Criminal detention is one of the five main punishments stipulated in the Criminal Law of our country. Detention penalty is more favorable than the fixed-term punishment in execution. For example, prisoners have one or two days a month during their term of service and may be paid remuneration in their work, but these remunerations have not actually been fulfilled in actual implementation. The criminal law not only stipulates the rights and interests that criminal detention can enjoy, but also reflects the intention of the legislator. It can not negate its meaning because of the difficulties in its implementation. The article intends to solve the problems arising from the implementation of detention execution from a practical point of view.