On The Path Choice Of The Community Correction Development In China

Community Correction, as a humane, democratic, effective and harmonious penalty trend shining with the spirit of the time, is the result of human penalty civilization which turns, to humanity, mitigation and socialization. It is the rational conclusion of the human's understanding on the phenomenon of crime and punishment. Meanwhile, from another point of view, it is also a product of their basic contradiction of imprisonment which has been the core of the penalty system for a long time, and a way to get rid of the pressure and the predicament of the prison. Community correction has been used worldwide and has become an important part of criminal policies in many countries, representing the developing trend of the international penalty execution.In July 2003, the Supreme People's Court, the Supreme People's Procuratorate , the Ministry of Public Security and the Ministry of Justice jointly issued "Pilot Project on Community Correction" which officially began exploring the establishment of a scientific and standardized system of the community correction with Chinese characteristics.On October 11, 2006, the Sixth Plenum of the 16th CPC passed the "A Number of Major Decisions of CPC Central Committee on Building a Socialist Harmonious Society" which points out "to implement the temper justice with mercy relief phase of the criminal justice policy, to reform the judicial system of minors, and to actively promote the community correction. " Politics and Law Committee of the CPC Central Committee also stressed that "We should insist on the temper justice with mercy relief phase of the criminal justice policy, carry out in accordance with the law the rules of reducing, not prosecuting, probating, community correcting and other provisions to reduce the social antithesis, turning negative factors into positive ones." Community Correction turns out to be an important meature of implementing the temper justice with mercy relief phase of the criminal justice policy and building a harmonious socialist society.Community Correction has been one of the scientific carriers and a rational choice of the criminal justice system reform. The pilot's promotion and development is bound to have a significant impact on the criminal policies and crime control strategy in our country. In this context, the theoretical research and application study on community correction system become more urgent and necessary. Community Correction is a topic rich in intension which is not only a problem of law but also inextricably linked with science of management, education, sociology, ect.. In order to reach a certain depth, the paper attempts to study the issue with multi-disciplinary, multi-dimensional perspectives, combining law, management, education and sociology to seek the theoretical breakthroughs and innovation on the basis of relevant theory. Fnally, the development of Chinese community correction path is discussed based on the theoretical analysis, comparative research and working experience.This paper sets forth into two areas. First of all. the brief history, the status as well as the development background of of community correction are studied and the basic concept of China's Community Correction is prpposed; Secondly, Chinese development path of community correction is stated in detail, and meatures of cultural promotion, community participation, legal improvement and risk control are suggested. In addition to the Introduction, Conclusion, the body is divided into six parts.Part I: Community Correction Exploration and Practice in China. It includes the overview of the Community Correction exploration and practice in Chinese mainland, Hong Kong, Macao and Taiwan regions, and the empirical case studies on community correction mode in Shanghai, Beijing, Zhejiang, Hubei and other places.Part Two: The Basic Concept of Community Correction Deveopment in China. It stands for the positive response to the development trend of world community correction, applying the overseas achievements to the development of community correction to set up the community correction system with Chinese characteristics, which adhere to the purpose of promoting the social reintegration of offenders, the prerequisite for protecting the just penalty and the necessesity of ensuring the social security as the "three principles"; Choose "the four major path" to promote the culture and community-based participation in order to improve the law as the core and to control the risk; Achieve breakthroughs focusing on cultural environment, social basis, legal support and risk control in orer to promote the scientificly and orderly development of community correction in China.Part III: The Forerunner of Community Correction Development in China: Promoting the culture. It attemps to criticize the severe punishment so as to widely spread the idea and policies of community correction,guiding the public to understand and to accept the value of the humanitarian, democracy, science, harmony of the community correction, with recognition and support for the community correction system.Part IV: The Basis of Community Correction Development in China: Community Participation. Through the analysis of the status of Community Development in China, it was stressed that China should give full consideration to the uniqueness of the social structure, the imbalance in regional development, the inconsistency of community development and the alienation of individual and social contact. The community correction should be led by the state, suit measures to local condition and strengthen community building to mobilize active community participation so as to lay a solid foundation for the development of community correction.Part V: The Core of Community Correction Development in China: The Law Perfection. By analysing the applied legal basis of the community correction in China's mainland, it is suggested that the National People's Congress authorize local people's congresses of the pilot provinces and cities to develop the Community Correction provisional local rules. According to the problems to be found in various parts of the pilot, the local people's congresses can actively make the bold revision of the existing code of criminal control, probation, parole and other parts of contents to fill the gap in the legal practice from the sources, procedures and enforcement. When the local rules of community correction development has accumulated enough experience, the National People's Congress would devote to the development of the Community Correction Code in order to provide the scientific legal support for the community correction.Part VI: Key Point of Community Correction Development in China: Risk Control. The proposals of constructing risk control of communication correction are put forth: the establishment of the pre-investigation of the community correction to control the risk before community correction; the promotion of the innovation of the community correction technology to scientificly control the risk; the establishment of classified management system, focusing on the risk control to ensure the orderly development of community corrections.