中国已经进入快速老龄化阶段,老年人犯罪数量不断增加,实践证明对老年犯普遍实施监禁也存在诸多弊端。为此,《刑法修正案(八)》作出了对老年犯罪人从轻或减轻处罚的规定,并且在符合条件的情况下可以进行社区矫正执行。然而,我国现行社区矫正制度中没有针对老年犯社区矫正的专门规定,实务操作缺乏规范指导,势必影响到老年犯社区矫正的效果。
China has entered the stage of rapid aging, elderly crime amount increases ceaselessly,practice has proved that for elderly offenders generally implemented in prison also has many disadvantages. Therefore,criminal law amendment (eight) made of elderly of- fenders a lighter or mitigated punishment regulations, and in line with the conditions can be carried out in community correction. However,China's current system of community correction is not aimed at elderly offender's community correction special provisions, lack of regulation and guidance of practical operation,it is bound to affect the elderly offender's community correction effect.