Development Of Community-based Corrections In China

As one of the most important content of" Socialization of Penalty Execution"theory, Community-based Corrections have draw attentions not only from thetheoreticians, but from the legal practice departments. Community-based Correctionshave been well developed in western countries, and the community-based Correctionstheory also nearly perfect. But in China, the community-based corrections practicestart just from scratch, and the study of it have not being regarded. In order to carryout the "Socialization of Penalty Execution" theory fully, and to establish the newlyCommunity-based Corrections that fit the situation of China, based on the practice ofCommunity-based Corrections in China, the author use the other countriesexperiences for reference, have build up his own theory of Community-basedCorrections in China. And wish this article can do its work in China'sCommunity-based Corrections practice. That is the motive of this article. Apart from the preface and ultimateness, this paper is divided into four parts,华东政法学院 2004 届法学硕士学位论文altogether more than 40,000 words among which the footnotes is about 5,000 words. The preface emphasizes on the outcome of Community-based Corrections andSocialization of Penalty Execution, general situation of China's practice. Chapter 1 give out the definition of Socialization of Penalty Execution and itsbasement; and define Community-based Corrections and correlation theories; therelationship of Community-based Corrections and Socialization of Penalty Execution.Socialization of Penalty Execution is just give the chance to the culprit to contact theworld, to adapt to the society, and be an ordinary one again. Community-basedCorrections use the community as the site of corrections, give the culprit correctionsin the society, and fulfill the task of the culprit's socialization. Socialization ofPenalty Execution is the theoretical director of Community-based Corrections, andCommunity-based Corrections is the implement of Socialization of Penalty. Chapter 2 analyses the now-on practice of Community-based Corrections inChina。 We have achieved a lot in this practice, such as: the criteria to apply theCommunity-based Corrections have being made; the leading organs ofCommunity-based Corrections being set up; special workers for Community-basedCorrections have being equipped. And the part also point out the problems we willconfront with in the future: use of Community-based Corrections is only a small partof the whole sanctions; specialization of the social worker is not well; the function ofthe community have not being well exerted; and there have not a law to fulfillCommunity-based Corrections, etc. Chapter 3 pays lots of attentions to use the experiences of foreign countiespractices. In this part, the author emphasize on the study of probation, parole, anddiversion. Especially for that can be used for reference. Such as: hearing of witness;the revocation of probation and parole; and special safeguard for the young people.华东政法学院 2004 届法学硕士学位论文 Chapter 4 stresses on the development and perfection of China'sCommunity-based Corrections. Conceptive speak, we should have this ideas:Community-based Corrections is not to indulge crime; Community-based Correctionsis a systems engineering; Community-based Corrections is the omnipotence remedyfor every crime and every culprit. In real practice, we should: add community toCommunity-based Corrections; let professional judge preside over Community-basedCorrections; set up witnesses of hearing of Community-based Corrections; the socialworker must be well-trained and chose. Furthermore, the author output legislation ofCommunity-based Corrections in the interest of its standardization andconsummation. In the last section of this dissertation, there is the forecast of China'sCommunity-based Corrections, and there will be a fine prospect of...