学校参与未成年人社区矫正的制度困境研究
Research on the Institutional Dilemma of School Participating in Community Correction of Minors

我国自2020年颁布《社区矫正法》，其中针对未成年人社区矫正问题采取多元主体参与机制，明确规定了学校对未成年社区矫正工作具有协助的义务。但在现实情况下，学校参与未成年人社区矫正工作的义务往往难以得到有效落实。对此，本文研究分析学校协助相关机构对未成年进行社区矫正的制度困境，发现主要涉及两个方面：法律政策不够完善、法规与校规存在冲突，在此基础上，文章提出完善法律政策规定，明确义务与权限的具体范围，以及调整相关规章制度，消除法规、校规之间的矛盾两项建议，认为通过法律政策和规章制度的调整完善，可以从根本上解决当前学校参与未成年人社区矫正所面临的困境，从而更充分的发挥学校在未成年人社区矫正中的作用。
Since 2020, China has promulgated the “Community Correction Law”, which adopts the multi- subject participation mechanism for the juvenile community correction problem, and clearly stipulates that schools have the obligation to assist the juvenile community correction work. However, in reality, the obligation of schools to participate in the work of community correction for minors is often difficult to be effectively implemented. In this regard, this paper studies and analyzes the institutional dilemma of schools assisting related institutions to carry out community correction for juvenile offenders, and finds that it mainly involves two aspects: Laws and policies are not perfect enough, and there are conflicts between laws and regulations and school rules. On this basis, the paper puts forward two suggestions: improving laws and policies, clarifying the specific scope of obligations and authority, and adjusting relevant rules and regulations to eliminate the contradictions between laws and regulations. It is believed that through the adjustment and improvement of laws and policies and rules and regulations, it can fundamentally solve the dilemma faced by schools participating in juvenile community correction, so as to give full play to the role of schools in juvenile community correction.