A Study Of The Participation Of Victims During Community Correction

Community correction is the execution of implementing socialliazed which could effectively prevent and reduce re-occurrence of crimes and criminal behavior of the community prisoners after their expiry through supervision and education. Nowadays, China has entered a new stage of the overall implementation of community correction. It is urgent to further deepen and standardize the work of community correction. At present, the community correction system is gradually improving and perfecting, including constantly in-depth study of the problems, such as the protection of rights of inmates. However, due to the lack of the legal system, the victims in the community correction do not have the right to participate in execution of penalty, making the interests of the victim's are to be ignored. Thus the victims in the community correction system do not have any substantive rights and procedural safeguards. As a matter of fact, the victims not only play an important role in occurrence and development in the criminal process, but also in the process of transformation of the same crime. Thus, it has become an important component of the science of crime reform to guide and absorb the victims in the work of community correction. Therefore, this paper proposes that the victims in the community correction should enjoy substantive rights and procedural safeguards. The substantive right includes the victim's right to know, which means to guarantee the victims timely and effective participation in penalty implementation, as well as understanding of the substantive right and litigation rights in the lawsuit and relevant legal instruments and evidence. Besides, the right of the statement means that the victims have right to state their own opinions on physical, economic damage caused by the criminal behavior for reference in the court. Thirdly, the right to attend means to allow victims to participate in court and to understand the trial proceedings and to supervise inmates. By introducing the supervisory right, it can help victims monitor the trial court and supervise inmates. In order to achieve the effective participation of victims in community correction, both protection of the entity right of the victims and improvement of laws and regulation are needed. Combined with relevant laws and regulations and according to our actual situation, the author proposes that the victim should be taken into consideration in the decision and conduction process of probation, parole and temporary execution for the convenience of expressing his views; by doing this, the victim can appeal or complaint if he is dissatisfied with the judgment and arbitration and can supervise inmates in the process of community correction.