The Problems And Countermeasures Of Community Correction Practice In China Take YanJi City As An Example

Since the implementation of community correction in 2003,the number of prisoners in the community has increased significantly,and the following legislative issues have been paid more and more attention by the theoretical and practical circles.From 2003 to 2011,the relevant legislation on community correction remained blank until the amendments to the Criminal Code(VIII)were amended in 2011,The revision of the Prisons Act in 2012 and the revision of the Criminal procedure Code in 2013 give a certain legal status to Community Corrections.Subsequently,a number of normative documents were introduced at the national and local levels.However,due to the lack of systematic regulations,community correction has fallen into a situation where there is no law to rely on.In order to solve this problem,On December 1,2016,the legal Affairs Office of the State Council published the "Community Correction Law(draft for soliciting opinions)"(hereinafter referred to as the "draft for soliciting opinions"),but due to the imperfection of the relevant provisions of the draft for soliciting opinions,It has caused controversy between theorists and practical circles.Starting from the practice of community correction in Yanji City,this paper discusses the measures taken by Yanji City to promote the effective development of community correction work,and the practical problems existing in the work of community correction in Yanji City.Including:the unclear identification of the nature of community correction leads to the lack of source of rights for community correction staff in the enforcement of the law;The lack of law enforcement authority and qualification of community correction staff leads to the lack of law enforcement and deterrence of community correction work;The lack of science and rationality of pre-trial investigation and evaluation makes the offenders who do not meet the conditions of community correction not excluded from the scope of community correction and indirectly increases the re-crime rate of community correction.The lack of compulsion and effectiveness in the implementation of correction makes it impossible to achieve the desired effect.From the practical point of view,this paper analyzes whether the relevant provisions of the draft can solve the problems in practice from the perspective of "draft for comments".This paper puts forward some suggestions and countermeasures to solve the practical problems,including:the nature of community correction is clearly defined in the legislation of community correction,that is,the execution of penalty;On this basis,give community correction staff the status of law enforcement,community correction institutions equipped with a certain number of police,community correction staff with relevant criminal enforcement power,such as arrest power,evidence power,investigation power and so on;Increasing the coverage of pre-trial investigation and evaluation,setting the pre-trial investigation and evaluation as the necessary link to apply community correction,standardizing the subject of pre-trial investigation and evaluation,and perfecting the evaluation content;To increase the mandatory and operational provisions on the implementation of community correction,with a view toIt can provide references and suggestions for solving the problems encountered in the practice of community correction in Yanji City,and will be beneficial to the orderly and efficient development of the community correction work in Yanji City.It is also hoped that the comments on the draft for soliciting views will be adopted,It is helpful to the legislation of community correction law.