Discipline·Rule Of Law·Human Rights

Currently, the community corrections show that implementing by means of administrative mechanisms and promoting from national criminal policy are mainly distinctive features. It is justice that the operation of community corrections is required by institutionalization and legalization from the perspective of construction of the rule of law and protection of human rights. The object of jurisprudence research on community corrections is institutionalization and the rule of law in community corrections mechanisms, and the purpose is to find what the relationship between the protection of human rights and the rule of law in the process of punishment and rehabilitation of inmates. It is useful to think about the legal significance of community corrections disciplinary system that by means of a combination of quantitative and qualitative, of historic and logic and of empirical and theoretical research ideas, and with methods of political science, management science and sociology research.To explore the social environment, norms knowledge and technical knowledge of community corrections is the focus in jurisprudence research on the system of community corrections. As a treatment for special groups of, citizens, focusing on community corrections, the construction of civil society and the governance of social risk are times environment of corrections in the social transformation. It is to construct norm knowledge of corrections that the reflection of public reason on community-based penalty and civic liberty safeguards and the analysis of the realization of objectives, functions and value in the system. An effective deliberation over technical knowledge in the system is various mechanisms to promote rehabilitation from the perspective of development of human rights and construction of welfare society.Through the exploration of social environment, norms knowledge and technical knowledge in the community corrections, it is clear to see:the rights protection of inmates in community is inseparable from the legal confirm of prisoners citizenship, which requires the removal of kinds of ideologies in the criminal punishment mechanism and requires the removal of sorts of simple administrative trends in the criminal prevention. From the perspective of human rights, the protection of the rights of prisoners in the community fundamentally depends on the legalization of community corrections system, which aims not only to realize the rule of law in the execution of punishment for prisoners, but also to realize the rule of law in the process of rehabilitation for inmates, and to achieve the balance between individual freedom and social security.Community corrections are an important mechanism for judicial protection of human rights. Because the system itself is open, human rights protection is of particularity and of and the transition of the judicial system is of complexity, a comprehensive and multidimensional observation of jurisprudence in corrections should be taken:to find community corrections system how to produce from the analysis of social change and good governance, to explore it’s basic legal value from the perspective of the evolution of disciplinary ration, to think protection of civil rights and freedoms for inmates from institutionalization and legalization of corrections, and to find how to improve effective social assistance in returning to society from the rule of law and institutionalization of rehabilitation in corrections.In this treatise, from a structural point of view, in addition to introduction and conclusion, the chapters can be divided into four sections on:Chapter one,"Social Governance in the Period of Comprehensive Deepening Reform" is the first plate to find social and historical background of community corrections system generated by analyzing the changes of social structure, social capital and social conflict. Legal basis for community corrections generated mainly from innovations in systems and mechanisms of social risk management. In the period of full deepening reform, government decentralization and self-constraint authority, social autonomy platform foster, and the rule of law in social management are important elements of national governance systems and capacity. Among this context, the institutionalization of community corrections becomes an important framework innovation in social management for special groups of citizens.Chapter two "A Justice Analysis of Community Corrections Mechanism" is the second plate, and this chapter is also the logic origin of text demonstrated. From a perspective of social justice, if community corrections system achieves good governance, the triple areas and three dimensions in its motivation, the nature and function should truly improve and perfect their systems running, which is the vitality construction for community corrections system. Through the genealogical theoretical exploration over the community corrections system, and through reflecting over the practice in the pursuit of the values and goals in justice, authority and effectiveness, the legal justice in community corrections can get an intuitive experience. It is the central plate in full text from Chapter three to chapter five. They aimed to analyze how to achieve social justice through three areas or triple dimensions of community corrections system, in other words, to make a analysis of the legal kernel in community corrections from theory to practice in the future. In the third chapter "The Disciplinary Reason of Community Corrections", by the clue of reflecting on and deepening its disciplinary rational construction, and by the target of the rule of law, human and scientific of the execution of punishment as a starting point, it is found that the basic motivation of community corrections-the completion of the criminal policy and social control tasks, the equilibrium value of community corrections between security and freedom, as well as the functions on the improvement of community corrections, promoting harmony and the welfare. The value of community corrections mainly lies in protection of inmates’individual rights and social freedoms. From the worldly point of view in state disciplinary practice, imprisonment in the prevention of crime and the realization lower rate of recidivism meets the system bottlenecks in function. It is contemporary issues discussed on theories and practices of punishment in many countries that various social and humane intervention and prevention measures and the treatment philosophy of the "people-oriented" corrections and of attention on "men released from prison "rather than" criminal acts". Community-based corrections emphasis that social participation plays an important role in protecting the rights of individuals to achieve and prisoners "re-socialization", so that it has a relatively independent system value in crime governance.In the fourth chapter,"law enforcement mechanisms of community corrections sentence" is discussed. However, as a non-custodial sentence of implementation, it would be a wise choice that community corrections is built in theory and practice of civil society, the rule of law, democracy and human rights, if various kinds of political ideologies about treatment for the special citizens’protection be removal. Jurisprudence research on community corrections system can effectively unearth the outstanding problems in its current operating mechanism: It is lack of hearing procedures, lack of participation of victims and other checks and balances that the survey report prior to application, mechanism of rewards and punishments, out-shift approval administration, and convergence procedures among law enforcement agencies. In the system of inmate’s rehabilitation, rights protection and democratic participation are less institutionalized mechanisms, which emerges executive-led social participation and volunteers failures. Only by adhering to the protection of civil rights of inmates and achieve the proper procedures in community corrections mechanism, system justice of community corrections can be truly reflected.In chapter five,"the rule of law of rehabilitation in community corrections" is a focus in Chinese social context. This chapter underlines how to promoting civil and social rights of inmates return to the community through social co-promotion from the field of vision in the protection of human rights. Good mechanism community corrections should obtain the dual goals of punishment and rehabilitation. Protection of basic civil rights of community inmates and social order, requires both from he rule of law in the penalty corrections procedures and effective relief about prisoners’rights to social return. That he legal status of the bodies in community corrections depends on criminal policy, coordination of enforcement mechanisms depends on administrative will, and inmates’management in community appears non-procedural, lead to lack of judicial authority of community corrections. The target of community corrections makes function of family and community and social service perfect. That the process to rebuild both individual social capital for inmates and countries social capital is not of imperfection has a direct impact on "empowerment "for prisoners in community. In an increasingly open society, social trust, communication norms, and social networking are very necessary to protect inmates’freedoms and human rights in community corrections system. Development of contemporary human rights needs more tolerance, freedom and sophisticated social control technology, including improved discipline governance-integration mechanisms for punishment and rehabilitation, so it is the nature and objective of community corrections.Chapter six,"The Community Corrections under the construction of the rule of law in China" is the forth sector in the full text. This part is both naturally unfold on the content discussed in front chapters, but also is a progressive and response to the previous content. In the crucial period of comprehensive deepening reform, the rule of law in China covers building a welfare society, a society in the rule of law and a risk society. On the one hand, the improvement of community corrections is conducive to promoting the triple social construction; on the other hand, this triple-society construction also brings legal support for the system justice of community corrections. Social democracy is a political moral basis for effective discipline in community corrections, social freedom is the goal of the rule of law for effective disciplinary ration in community corrections, and welfare is requirement of social justice for effective punishment in community corrections. The constitutional protection of civil rights, the rule of law in institution-building and the open protection of human rights are the inevitable path of development of community corrections under the rule of law. Mutual recognition, participation and cooperation, and governance by coordination of national and social system are to ensure good function in community corrections in the risky society.At last, the conclusion of this treatise is that:The main features of bodies, mechanisms and objects of community corrections prescribe that their legal system inevitably be embedded in social governance. The concept of community corrections in prevention and control, utilitarian, welfare and benefit is gradually improving care for freedom in the execution of punishment. Contractual freedom of non-custodial sentence is not just the goal for the inmates in community to return to society, also prerequisite and conditions for them to achieve their civil rights. Corrections must respect this freedom and the process of punishment and rehabilitation respect the rule of law and protection of human rights. In the future of practice, the priority concept of the rights guaranteed in community corrections should become core value in disciplinary ration, the path of the rule of law in community corrections should be an open and phased, and protection of human rights for inmates needs the legal democratic participation in community corrections.In the era of civilization through the system to achieve social governance, where there is not the rule of law and there is no respect for human rights, mechanism construction is tight and cold social management, or sophisticated but not necessarily in line with the natural instinct social control cold. Essentially, jurisprudent research on community corrections aims to promote integration of rule of law between punishment enforcement and rehabilitation intervention. Any design about protection mechanisms for individual dignity, equality, social freedom and human rights ought to be under the rule of law. The state and society are two visible hand and have their own advantages.community corrections only undertakes the rule of law in social governance by joint cooperation between state and society, it can be good governance consistent with "love, reason and law".