Legal Consideration Of The Implementing Authorities Mode Of Community Corrections

Crime, is one of the problems of our society ,also is the prevailing social phenomena in all countries of the world. every country has given criminals all kinds of punishment to maintain public safety. Imprisonment has become the center of the system of execution of punishment in every country since modern times and reflected the punishments for actions of criminals. Under the background of criminal integration, non-imprisonment becomes one of the mainstreams in criminal judicial innovation, so the core genius of sentence-executing socialization has been broadcast widely. Community correction is an execute fashion opposite to imprisonment correction, it is a concrete manifestation of penalty individualism, socialization, humanitarianism, it also is an important component of criminal reconstruction. Since the official initiate of the practice of community correction in China in July, 2003,.the framework of community correction of China has been done. Owing to the drawback of our country s relative law system , the practice of community correction in China is in difficulties. there are many problems inpresent work of communityrectification unit ,for example ,no legal basisof justice administration management ,no lawenforcement qual ification of personnel . In the process of community correction judicial practice, the factors of people's false understanding of community correction, the lag of law and the low of echnical content still limit its further developments. Especially the lag of law has already become the major problem which the implement of community correction faces, and thus formed certain resistance to the community correction. It gives an easy introduction of the exising supervising mode of Community Correction that the public security organs and judicial administrative organs are both the current subjects, pointing out that it is the different mandates of the law and the relevant ministries that give birth to the "double subject" mode, and result in a number of drawbacks in the process of the implementation of Community Correction. SO , it is very important that establish the systemof community rectificationofficial .It is should that setup the dutyof community rectificationofficial inside judicial office ,and endue themwith law enforcement qualification.public security department should withdrawl fromcom munity rectification. Through studying on the definition, nature and academic base of the community rectification, this paper analyzed the current our country community in this part to rectify the work existence the question and the difficulty. And constructed and consummates our country community to rectify the work system and the implementing subject of China\'s Community Correction to put forward the critical proposal. We need to re-construct this rule and enrich its contains, in order to make it perform a relative function in line with the custodial penalty.