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The Practice Proof And Study Of Judicial Administrative Organ’s Community Correction Implementation Of Y City

Posted on:2014-07-18Degree:MasterType:Thesis
Country:ChinaCandidate:Y TangFull Text:PDF
GTID:2296330425479280Subject:Procedural law
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To carry out the pilot work of community correction plays an important role inpromoting China’s reform of the judicial system, reforming and improving the punishmentexecution system with Chinese characteristic and promoting socialist legal construction. Sixprovinces or cities such as Beijing, Tianjin, Shanghai, Jiangsu, Zhejiang and Shandong wereidentified as the first batch of pilot provinces or municipalities to carry out communitycorrection in2003and then after the Supreme People’s Court, the Supreme People’sProcuratorate, the Ministry of Justice and the Ministry of Public Security jointly issuing “onthe implementation of community correction work opinions” in2009, the pilot work ofcommunity correction was carried out in the national scope. As the second batch of pilotmunicipality, Y city stated the work of community correction in October,2008and after fouryears, Y city began to carry out the full implementation of community correction work inOctober,2012. Based on the practice of judicial administrative organ’s community correctionimplementation of Y city, this paper analyze the problems existing in the operation ofcommunity correction system, the causes and the countermeasures on the basis of the methodsof analysis, interview and linking theory with practice, with a hope that it could provide somepractical significant suggestions for the full implementation of community correction work ofY city.Besides the introduction and conclusion, this paper is divided into three parts:The first part, the system operation and effectiveness of system implementation ofjudicial administrative organ’s community correction implementation of Y city. Firstly, thejudicial administrative organ’s community correction implementation of Y city involvesconstruction of organization system. Community correction working leading group and itsoffice, leaded by Party Committee and government, and consisted by departments of court,procuratorate, public security organ, judicial organ and so on, are administrative authoritiesfor carrying out pilot projects of community correction and a two-level community correctionworking leading system of cities and counties is established. Grass-roots judicial offices oftownship or street are the agencies to undertake daily management work of communitycorrection and the community correction team composes of directors of judicial office andassistants of judicial office, social workers and volunteers of community correction. Secondly,the practice of community correction implementation of Y city involves the establishment and operation of supervision and management system for inmate in community. Thirdly, theimplementation of community correction of Y city has achieved certain effectiveness results,such as the judicial administrative organ’s of Y city takes a variety of forms and carries outvarious themes of activities to do educational correction for persons under communitycorrection and help and assistant persons under community correction. The communitycorrection of Y city achieves the goal that persons under community correction better returnto society.The second part, problems existing in the implementation of community correction of Ycity’s judicial administrative organ. In judicial practice of carrying out the pilot work ofcommunity correction by Y city’s judicial administrative organ, there are several problems.For example, because propaganda work of community correction is not in place, which resultsin the social influence and the sense of identity of community correction is not high; secondly,some districts or counties does not include community correction fund into fiscal budget,which causes the fund of community correction is not ensured. Thirdly, because thecoordinate system of implementing community correction is not smooth and the rigidmanagement system lacks and the means of carrying community correction are relativeuniformity, which restricts healthy, in-depth and long-term implementation and developmentof community correction. Fourthly, lacking of justice office staff and qualified personnel ofcommunity correction, the construction of work team of community correction lags, whichresults in far away form requirements of professional community correction team with acharacteristic of occupational, specialized and socialized.The third part, suggestions for improving judicial administrative organ’s communitycorrection implementation of Y city. Based on analysis of the first two parts, this part putsforward several pertinent suggestions for improving judicial administrative organ’scommunity correction implementation of Y city. Firstly, intensifying propaganda work andexpanding social influence of community correction so as to improve social network supportsystem of carrying out community correction. Secondly, establishing safeguard mechanism offund for community correction so as to systematize fiscal system, thirdly, from aspects ofestablishing and improving coordination mechanism and dynamic management mechanismand solving problems of education to explore perfection of mechanism operation ofcommunity correction. And fourthly, for improving the construction of organization system ofcommunity correction, it should establish an operating mechanism that is conducive to develop and absorb professionals, with a goal of building an occupational, specialized andsocialized correction team, on the basis of strengthening construction of communitycorrection organization and team.
Keywords/Search Tags:community correction, problems, suggestions
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