Research On Localization Of Building Community Correction System

As a penalty executing manner opposite to confinement correction, community correction is a non-confinement sentence execution activity produced by the special state organ and with the assistance of corresponding social groups and civil organizations and social volunteers, to criminals who accord with requirements into communities in order to help correct criminals'psychology and vicious behaviors, and urge them back to the society smoothly within the allotted time of judgment pronunciation, declaration, and decision. It is not only the organic combination of sentence types, sentence and execution system, but also a mutual fusion of special organization work and social work. As the important product of modern execution theories, the community correction system is based on the reflection of the cruelty of criminal punishment and the limitation of confinement, and its development and evolution also reflect man's rational thinking about criminal punishment and execution. The reflection of the limitation of confinement by modern criminal school and the appearance of the thought of execution socialization is of important fundamental meaning to its development in the world. The concern of human himself after the Second World War marked the maturity of the idea of community correction, while the appearance of American "pure judicatory"indicated the tortuous development of community correction. Observing the origin of thought and reform, the author holds that, judging from the global range and the view of historical evolution, the main trend of sentence development still is evolving from primary applied confinement to primary applied non-confinement, thus the derived community correction thought still is of powerful life and represent the future of sentence execution development. As the important composition of criminal judicatory, community correction has particular superiority in embodying the two aspects of fundamental values—justice and efficiency, which are pursued in Criminal Law. As for justice, it can display the function of protecting human rights to accord with man's pursue for justice, and it also presents the democracy in Criminal Law, to improve the level of social civilization; moreover, it makes a balance between due punishment and material aim, which is helpful to the actualization of the aim of many-faceted penalty. As for efficiency, it can reduce the cost of penalty execution, improve the correction quality of criminals and optimize the distribution of execution resources. Especially for China, it is of special value to speed up the localization of building community correction system, which not only tallies with the demands of building a socialist harmonious society, and the realistic status of our country as a developing country, but also can help push forward the reform of our judicature system from long term. However, same as any other legal system, a moderate degree and appropriate measure to deal with criminals is of the double function of cracking down criminals and protecting human rights, while an excessive degree and improper measure may become the main source of violating human rights and even shaking the order. Therefore, while looking at its general value and special value to our country, we should also clearly realize its weaknesses and deficiencies, such as, enlarging the net of social control, lower deterrent force, random in execution and so on, thus we can cautiously avoid and overcome them in practice. On July 7, 2003, the Supreme People's Court, the Supreme People's Procuratorate, the Ministry of Public Security and the Ministry of Justice issued the Circular of Launching Community Correction Experiments, which chose six cities or provinces of Beijing, Shanghai, Tianjin, Shandong, Jiangsu, and Zhejiang as experimental spots for community corrections. From then till now, the localization of building community correction system has been launched in more than half administrative regions in China. Judging from the achievements and problems, the localization of building community correction system, involving then change of criminal judicatory motions, and the reform in areas of legislation, judicature, enforcement and legal supervision, is a project that a slight move in one part may affect the whole situation. With the continuous development of our national economy in recent years, the required economic conditions and material bases for the launch ofcommunity correction have been satisfied; the rapid development of community, the healthy and well-founded working departments and organs in the communities, and the developed community culture, give enough social strength to launch community correction; the work of experimental spots in some cities or provinces offer experiences for launching comprehensively, but those don't mean the localization of building community correction is a project that when conditions are ripe, success is achieved. The project needs our courage and requires our perseverance. Starting from updating notions, we should try to build complete legal system, well-founded operating mechanism and necessary guaranteed conditions. First, we must base upon the current situation, renew penalty notions, and realize the reconstruction of penalty motions. Specifically, from the aspect of the penalty view, we should develop the penalty notion of humanism, freedom, criminals'rights protecting and effects. Next, improve the legislative regulation of community correction through enforcement step by step. The first step: based on the current laws, timely revise the fundamental laws such as Criminal Law and Criminal Procedure Law; through adjusting the executing manners and contents of surveillance, death sentence with a suspended execution, parole and deprival of political rights, and introducing manners as community services, optimize the executing skills of community penalty and enlarge the application range of community correction; through approaches of establishing investigating system of criminals'personalities, and restoring the system of changing section for penalty, reform the application of community penalty and judgment system, so as to ensure larger application range of community correction and better application effect. The second step: based on the conclusion of experiences from experimental spots, and the conformity of the present law resources, make a specializing Community Correction Law. Then, regulate the operating mechanism of community correction. First, based on the thought of optimizing the distribution of judicature resources, and strengthening the specialization of execution, make further conformity to current resources of administrative system at basic level, legally establishjudicature administrative organs as the governing body to execute community correction plan, endow it the function of criminal enforcement, and establish specialized working organ in the judicature administrative organs from top to bottom to rebuild it to a specialized execution organ juxtaposing with jail and primarily charging non-confinement penalty. Second, build specialized strength consisted of full-time community correction workers, professional social workers, social volunteers, and non-governmental organizations. Third, clarify the content of communication correction work to avoid the random during work. Fourth, build quality evaluation system for community correction through the adaptation of mathematic thought and measures and the establishment of scientific quantitative index. At same time, optimize the design of concrete system, broaden the supervision manners, enhance the supervision of key executing areas like the application to community correction and rewards and punishment, and establish varied appealing and informing systems to protect the legal rights of objects for correction to prevent corruptions that may happen during community corrections. Fifthly, complete the outlay safeguarding system. While putting basic outlay of community correction into the financial budget at each level, utilize more community resources, adopt marketing manner for social financing, and build the outlay safeguarding system of community correction. In all, the localization of building community correction system is a rather complex systematic project, which can be operated effectively under the rational interplay of many factors, such as the build of criminal legal regulation system, the design of operating manner of concrete system, the logical distribution and adjustment of criminal jurisdiction, and so on. And furthermore, community correction skills and varied crime preventing manners must be worked in together and renewed from time to time.