Research On The Investigation And Evaluation Model Before The Application Of Community Corrections

Prior to the application of community corrections,the survey and evaluation of the US probation qualification review system originated in the 19 th century.It is a product of the development of educational and punishment ideas and individual punishment concepts since modern times.With the expansion of the crime circle,the high probability rate of probation in my country and the large number of probation people are large.At the same time,the application of non-monitoring and punishment urgently requires scientific sentencing basis.In judicial practice,it is urgent to achieve standardization of investigation and evaluation.However,the development time of my country’s community correction system is relatively short.The survey and evaluation of the front procedures of community correction has not yet formed a complete system,but a certain model is worth researching in practice.Provide useful paradigms.The survey and evaluation system can also provide an important reference for sentencing for community correction and decision-making organs.It can effectively prevent community correction practice.The disbursement and leakage phenomenon caused by inadequate connection and improving the effectiveness of education correction on their educational correction are ultimately beneficial Realize the fairness and justice of punishment.At present,research on domestic survey and evaluation is relatively decentralized,and the data samples of empirical research are limited.Foreign surveys and evaluations are mainly re-criminal risk assessments for pre-survey and assessment of pre-survey and assessment of the application of probation.This study focuses on the individualization theory of punishment,and adopts the interview method and literature division method,which explores the model of the community correction before the application of the community.In the processing of data processing,a mixed research method combined with quantitative and qualitative-qualitatively conducted in-depth interviews with 30 survey and evaluation of relevant institutions,including the judges of the entrusted main court before the application of community correction applications,investigating and evaluating the investigation and evaluation Prosecutors who have the right to commission and supervise the procuratorial organs,staff of the grassroots judicial institute,head of the county-level community correction agency,head of municipal community correction agency,and provincial community correction agency,etc.At the same time,analyze the overall data of community correction staff in the province.In addition,it also conducted quantitative data analysis through the collation and transformation of 1115 applicable probation and control,96 applicable parole,and 47 cases to temporarily perform the organizational and transformation of survey and evaluation files.The first part integrates the more decentralized research content at home and abroad,combed the development of the investigation and evaluation before the application of community correction,and discusses the theoretical main line of the theory of this study.The difficulty of preventing the number of punishment is much higher than the tailoring of liability punishment,the factors that affect the criminal punishment are relatively fixed,and the factors that affect the criminal punishment are quite broad;Prevention is a pre-judgment of criminals in the future.There are no specific standards,and lack of specific judgment models.From the perspective of reducing prevention of prevention,it can be applied to non-prison forbidden punishment.A way of tailoring.From two levels of legal basis and practical operation,we have sorted out the model of community correction and appraisal.The changes in the legal basis of the survey and evaluation before the application of community correction are divided into pilot stages that have no legal basis.In 2011,the preliminary establishment of the legal basis after the Criminal Law Amendment(8).The three stages of the comprehensive establishment stage of the basis;in fact,the operation can be divided into two stages of the preliminary exploration and comprehensive promotion of the survey and evaluation.The characteristics of "self-raising";at the stage of comprehensive promotion,the survey and evaluation mode was displayed from the perspective of the connection between various organs.The second part studies the procedure mode of the survey and evaluation,and the survey and evaluation work involve the connection between the multiple agencies of the Public Prosecutor’s Division,but there is currently no discussion of the procedures for survey and evaluation of the entire process.This article distinguishes three survey and evaluation procedures for the operation and evaluation of survey and evaluation,and discusses the model of the standardization process of survey and evaluation.The launch of the survey and evaluation needs to clarify the entrustment of those subjects that can be investigated and evaluated,and the relationship between the objects of the survey and the community correction object.The survey and evaluation is currently not a necessary procedure for the application of community correction in my country.Therefore,this study distinguishes the model of "y" and "should" commissioned.The conflict in the survey and evaluation procedure,the conflict of investigation and evaluation outside the territory is mainly reflected in the conflict between the criminal rights and the assessment proposal.conflict.Finally,the responsibilities of the subjects in the investigation and evaluation,the time limit of the standard investigation and evaluation,the distinguishing investigation procedure and evaluation procedure,and the perfection of the rights protection mechanism of the evaluation objects shall build a procedural mode that is in line with the individual investigation and evaluation of the individual punishment.The third part discusses the content dimension of the pre-survey evaluation of community correction applications,and the two-dimensional model of the "social risk" and "impact on the community" established from the "Community Correction" and "The consequences and impacts of family and social relations,the consequences and impacts of criminal behavior,the opinions of the residential village(resident)committee and the victim’s opinions,matters that are prohibited,social danger,impact on the community in which they live",Anhui Province The five-dimensional model of the five-dimensional model of the "Residence and Life and Family Conditions,Violations,Crimes or Suspected Crimes,Relevant Organizations and Personal Opinions established by the" Measures for the Application of Community Correction "five dimensions of the investigation and evaluation content of the five-dimensional model and the opinions of the organization and individuals" The time point for the time of the "Community Correction" nodes in 2020 analyzed the legal basis for adjusting the contents of the assessment content.The application of the content dimension of the survey and evaluation is that there is a certain gap between the text stipulated in the law and regulations and the operation of the practice.Based on the practical operation of external surveys and evaluations as a reference,combined with the data of the empirical survey,the panoramic demonstration of the investigation and evaluation content of the practice operation situation It is found that the regulatory conditions for community correction objects are the core factors for investigating and evaluating content operation.Combining the theory of responsibility and prevention of punishment,the study distinguishes the object of being evaluated,that is,the criminals belong to their criminal attributes related to the criminal attributes and social human attribute factors,in order to integrate the requirements of different levels of laws and regulations on the contents of the investigation and evaluation content.,Combined with empirical data,conducted a descriptive analysis of practical operation;combed the logical relationship between the applicable conditions of the investigation and evaluation content and the specific types of community correction(probation,parole)with the concept of criminal law.The survey and evaluation before the application of community correction originally originated from a minor survey and evaluation system,so it also explored the content and operation of the investigation and evaluation of minor criminals.The fourth part of the survey and evaluation is the result of the final operation of the survey and evaluation.Whether the survey and evaluation opinion is based on the content of the survey and evaluation,that is,its influencing factors are also an important aspect of this study.The opinions of the survey and evaluation have changed with some changes in laws and regulations,but it is only manifested as changes in the name of the form of the form.The substantial content has not changed.There is a certain gap between the laws and regulations of the survey and evaluation opinions and the operation of practice.After integrating the survey and evaluation opinions in this study,the quantitative and qualitative data of this study analyzed the correlation between the survey and evaluation opinions and the content of the survey.In the end,it was discovered that the crime or suspected crime dimension and investigation and evaluation opinions in the case of criminal attributes have a statistically significant social personnel,the dimensions of other organizations,the perspective of other organizations,life,and family conditions.In addition,in the procedure of the investigation and evaluation opinions,the connection factors in the survey evaluation procedure are also related to the statistical sense of the evaluation opinion.It can be seen that the impact of the survey and evaluation opinion is the connection mechanism of the criminal attribute plot of the criminal attributes and social human attributes in the investigation and evaluation objects in addition to the investigation and evaluation.The lack of structural lack of personnel in the grass-roots community correction agencies also have a certain impact on the survey and evaluation opinions.The fifth part discusses the application model of the survey evaluation opinion before the application of community correction applications.To determine the application model of the survey evaluation opinion before application of community correction,there is a benchmark for judgment,that is,what situation is the opinion of the community correction decision agency accepted the opinion of the investigation and evaluation,but the applicable community correction is only a state of criminal execution.This study was established by innovatively defined the judgment of the court.The judgment made by the court represents the rational choice applied by the referee’s punishment for criminal punishment,and is also the basis for the application of the application of community correction assessment opinions.Therefore,the court’s judgment was integrated,and the state of criminal execution was classified,and four criminal execution of criminal punishment,single fines,elimination of probation,and suspended probation were performed.Based on the inquiry of the plot of the criminal attributes and the connection of the social person’s attributes and procedures,the criminal state correlation is found that the crime is related to the suspected crime dimension and the life and family dimension.It is related to criminal execution.The application mode of the survey and evaluation is divided into formal admission and substantial access to information.Combining data,the influencing factors of the survey evaluation and the impact of criminal execution status have been constructed.Finally,the survey and evaluation opinion and the consistency of criminal execution status define the application of community correction applications.The consistency of the application of the survey assessment and the plot of the criminal attributes in the same data analysis shows that the consistency of the survey assessment is suspected of crime dimension and the society in the society.In the plot of human attributes,the dimensions of living conditions are related.It can be seen that whether it is surveyed and evaluated opinions,the status of criminal execution,and the consistency of the investigation and evaluation,a copy-available mode is formed.