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Empirical Research On Procuratorial Supervision Of Community Correction

Posted on:2011-07-27Degree:MasterType:Thesis
Country:ChinaCandidate:H ZhangFull Text:PDF
GTID:2166330332973428Subject:Law
Abstract/Summary:PDF Full Text Request
Community correction has stepped into pilot phrase in the whole country. As one act of penalty execution, community correction indicates the evolution of Chinese penal system from heavy penalty doctrine to light penalty doctrine and the development from universal imprisonment to universal non-imprisonment, highly praised by parishioners and academic sectors. However, with the penetration and development of pilot of community correction, many problems and imperfections of this penalty execution means are gradually exposed. The important topic is worth discussing the way that the procuratorate, as legal supervision authority, play and improve supervision function in order to achieve expected correction results of community correction.On the basis of the development of procuratorial supervision of community correction in Pingyang county of Zhejiang province and by way of collecting rules and systems, referring to and extracting relevant data and material, visiting judicial and administrative organs, some judicial stations at the basic level, interviewing some procuratorial personnel in prisons and reformatories, work staff of community correction, the author carried out research, concludes the status quo of procuratorial supervision of community correction in china, makes focused analysis of the problems and reasons of procuratorial supervision and puts forward improvement countermeasure and suggestions.The body of this paper is composed of four parts: the first part evaluates and analyzes the concept and value of community correction and illustrates the concept, characteristics of procuratorial supervision of community correction and the necessity of implementation thereof, laying theoretical foundation for following research; the second part, utilizing procuratorial supervision of community correction in Pingyang county of Zhejiang province as actual research object and by illustrating institutional layout, personnel allocation, informationization building, use of supervision means and introduction of development of specific work of procuratorial organs'participation in community correction and feedback of public opinion poll, introduces the inspection into procuratorial supervision of community correction;The third part makes research conclusion and emphasizes the problems in procuratorial supervision of community correction, mainly includes incomplete supervision content, indefinite object, insufficient enforcement, excessive passive work, lack of unified regulation on document delivery, legislative defects, insufficient supervision of human rights, irrational institutional establishment and personnel allocation. In the meantime, this part analyzes the reasons for the aforesaid problems, mainly including imperfect legislation for procuratorial supervision and community correction system, derivation of supervision idea and deficiencies of legal knowledge of community correction object; and the fourth part, by using comprehensive analysis, puts forward improvement countermeasure and suggestions from the perspective of improvement of community correction and procuratorial supervision system. Optimization of supervision means, rationalization of institutional establishment, strengthening of team building and legal publicity and education.
Keywords/Search Tags:Community Correction, Procuratorial Organs, Supervision, Improvement
PDF Full Text Request
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