Theoretical Study Of Community Correction

Community correction, floorboard of execution supervision, educational reconstructions and assitance on the criminals in the community, is based on the worldly punishment institutional refomation and is outcome of implementing socialliazed, individualized and scientific execution principle sparkpluged by UN Criminal Justice Rule. Comumunity correction is the most effective, the most humanlized, the most civilized and the most economical criminal execution manner according to our national situation. Comumunity correction is the corresponding concept of imprisonment correction according to the"Notice of Carrying Out Experimental Community Correction"from the Supreme Court of China, the Supreme Prosecute of China, the Public Security Bureau and the Justice Burea, and means to locate the qualified criminals into the community and correct their criminal phschology and vice action by special departments with assistance of relative castle and social voltuneers in the determinated period, in order to achieve their rehabilitation . The expemental community correction starting from 10th july, 2003 is to locate the criminals into the community and educate them with social management principles by social resoures, making them rehabilitate as soon as possible and reducing the re-commite rate. Community correction is a characterized execution to enhance longterm stabilization and harmonious development. In this article, the author uses dialectic, demonstrational, historical,and comparative methods to research and analyze the therotical problems on community correction in the aspects of criminal, criminology execution and correction, and then arouses legislation suggestions on community correction.This article is composed of 12 chapters, as follows:Chapter one, Basic Scope and Content of Community Correction. Fully analylizing three scopes related the community correction: community, correction and community correctin, embedly reseach on the intention and extention concept of community correction, and sums up the characters of community correction. The author reckons community correction in our country at present is only narrow sense concept of experimental community correction which aims at five kinds of criminals stated by present criminal law,criminal prosecution law and execution law and is in the elementary phase of community correction. The scientific concept should be defined in the whole system of criminal prevention. The objects consist of not only the five kinds of crimainals mentioned above, but also undecided criminals which need supervision and corrections but no detaining, even those labor cultivational people especially youngsters and people forcely abstained from drugs in the criminal lawsuit process. This is the oritentional precondition of this article and also is the logic start of consummating and enriching experimental community correction.Chapter two, Character and Status of Community Comminity. The Character of commity correction itself is changeable and incertituded, thus it is the largest problem both in theory and practice. From the UN Criminal Justice Rule and worldly criminal laws, the character of comminity correction is wide, which includes forceful measures before pre-trail, non-imprisonment punishements and criminal alteration execution in trail and afer trail, even also includes protectional measures of released people, that is, comminity correction includes non-imprisonment criminal execution, punishment application and criminal alteration execution, as well as public security ensurement. But for the comminity correction defined officially, it is only non-imprisonment activity and is narrow sensed comminity correction. In the author's mind, the character of community correction in the frame of present law can be oritentated into correction activities of non-imprisonment criminal and measurements, and it is paralleled with imprisonment criminals and corrections. But after the comminity correction gets mature, it should be more close to the wide international criterion. If the community correction is defined to be non-imprisonment exexcution, it is punishment action; and if it is defined to be criminal adjudication measure, it is criminal execution. From the development rule of the punishenment we can find that, the punishement always changes from death and corporal punishment to imprisonment, and then to the pattern of non-imprisonment, during which, each change is a large step of more humanlized, more civilized and more economical. The community correction in our country at present is at a low position and not goes with our status, thus it is necessary to enalrge the size of the experimental comminity correction and try best to turn the present imprisonment mode into imprisonment & comminity correction mode and be more close to more humanlized, more civilized mode.Charter three, History, Actuality and Character of foreign community correction. The author neatens the history developments of foreign community correction in historical aspect, meanwhile, embededly research the reason, the backgrounds and the conditions of the naissance of community correction, emphasizedly research on the actuality of foreign community correction, and then characters the community correction of the USA, British, Canada, Austrilia, France and Japan, in that conclude the samenesses and differrences between civil law system and common law system, which can show us a flat to learn advanced ideas of community correction in foreign coutries.Chapter four, History, Actuality and Characters of Chinese Community Correction. The author mostly analyses the naissance of community correction after law reformation in the later of Qing dynasty, especially the indraught ,development of probation and parole. The author also introduces relatively the community correction of the period of new democracy revolution and detail the non-imprisonment execution and correction in the period after the building of People's Republic of China. The author especially concludes and abstracts the each characters of shanghai, beijing, jiangsu and zhejiang, which are the representational area since carrying out expemental community correction. The research and analysis will favor the evaluation and deepen of the expemental community correction.Chapter five, Theoretical Basis of Community Correction. In the theoretical basis, the author reckons there are four parts: the first is the evolvement of punishment's object theory, which is the theorital basis of naissance of community correction; the second is the limitation of imprisonment execution and the limitation of criminal law, which is the political basis of community correction; the third is pursuing improve effectiveness of punishement, which is the economical choice of community correction; the fourth is the big-social concept and humanism priciple, which is the social antilogy basis of community correction. And then, the author reasons further the need, rationality and feasibility of community correction, makes a fringe summarize that it is necessary and rational for china to carry out community correction, but the community correction should be developed have a defenite object view of chinese sitution in a steped plan, otherwise the feasibility of community correction will be questioned.Chapter six, Guidance, Principle, Aim and Mission of Community Correction. This problem is very impertant basic theorical problem though it is in low attention in academe, the author spends much effort to research and discuss the the guidance, principle, aim and mission of community correction in china and foreign countries. Concerning on guidance, the author emphasized the research of macroscopical guidance of Marxism, the idea that man can be corrected and constructing harmonious society except the microcosfic research. In the research of priciple of community correction, the author discusses the provision of expemental community correction following the UN Criminal Justice Rule.on the problem of aim and mission of community correction, the author reckons that the aim of chinese community correction should adopt the more actual idea in foreign community correction such as guarding the society, rehebilitation, better management of funds and reducing the execution cost in the case of the sum aim of prevengting criminal. The community correction consists of three parts: execution and supervision, education and reconstruction and assistance.Chapter seven, Kinds and Application of Community Correction. The community correction is not a kind of punishment, it is a congregate of non-imprisonment and imprisonment substitute measures, execution and correction. Relative to the kinds of foreign community correction, the present community correction kinds consists of control punishment, depriving political rights, probation, porale and temporaty outside imprisonment execution, which is too humdrum and lack. So we should create more broad, effective kinds according to our situation by using for reference the modus operandi of natioanal community correction. The author also detail analyses the number, object and scope of application, points out the reason of the small number of application, the narrow object of application and the problem of space, time, boldly reckons construction of the unit criminal's community correction and the institution of execution espiracy.Chapter eight, Departments and Workers of Community Correction. Concerning on the departments of community correction, the author comments the illogicality and deficiency of departments stated by present law, evaluates the worker system in expemental community correction, and then concludes that the community correction should form the executive special superincumbent departments, justice office play a unsubstitute impotant function role in community correction, which should be affirmed and spreaded. Concerning the workers, the author mainly introduces the structure, demand of correction workers, social workers and volunteers in foreign community correction, evaluates the experimental mode in our country, and then do some demonstatical diagnoses on the character, diathesis condition, work status and work condition. At last, the author advises that we should establish special community correction workers ,especially correction officers, probation officers and porale officers.Chapter nine, Benefit and Fraud of Comminity Correction. Any publishment and its system is comparatively good and definitely evil, but we try to make the good farly exceed the evil and achieve justice. In order to avoid the blindness and overladen fever, the author objectively analyzes the benefit and fraud of community correction, and reckons the bebefit is much grester than the fraud, thus comminity correction should be popularized. Meanwhile, the fraud of community correction also should not be negelected, in order not to loose justice or harm public security. In all, we should popularize its bebefit and prevent its praud to guarantee the smooth development of experimental comminity correction.Chapter ten, Legislation Suggestion on Community Correction. There is no special law for commmunity correction. It is occasionally seen in some laws like present crminal law and execution law, and hard to execute, thus legislation is a must. Based on comment on international comminity correction legislation, the author put forward some suggestion on modificating present criminal law and prison law, and parkplug to establish"Comminity Correction Law of People's Republic of China"or more integrated"Criminal Execution Law"or more original"Correction Law"The end, Evaluation and Prospect of Community Correction. It is nearly 4 years since we start community correction in China. In order to popularize and improve community correction, we need to study and sum up the work in the past years and scientifically prospect the future of comminity correction. For which, author studies from 8 aspects: meaningful correction, comminity correction with praise and blame, healthy experimental, fruitful elementary work, inneglectable problems, troublesome obstacle, hopeful harvest and wonderful wishes to the future.People seldom dare to treat criminals as ordinary mankind, however, each time they do it, they will achieve praise for their braveness. In the international field, community correction is a power to treat criminals as ordinary people and make them rehabilitate with freedom and then become regular citizens. Although we start comminity correction late in China, with profound culture basis, the regard of the government and public reception, we have strided the first practical groping step, and we expect the second step of comminity correction legislation and improvement. We firmly believe that, with its"brave"humanlized practicle and legislation improvement, community correction in China will surely achieve harvest and praise both nationally and internationally.