On Perfection Of Our Country's Community Correction Law System

As an executive penalty measure against prison correction, community correction embodies the individualization, socialization and humanity of penalty . Community correction is also the implement of the idea of respecting and protecting human rights in penalty realm . Correcting criminals by community resources has been recognized by law in many western countries as well as in united Nations . China has been executed such measure formally since 2003, however , the dispute about the legitimacy has been since then . Owing to the drawback of our country s relative law system , the practice of community correction in China is in difficulties . In order to solve these problems , by the method of conclusion and analysis, this article firstly discusses the legitimacy of community correction in China .meanwhile , the paper also analyses how to perfect law system concerned in China.This article consists of 5 parts .Part 1 is the analysis of the legitimacy of community correction practice in China. In my opinion, community correction works under current law system. This part discusses its basis of constitution law, criminal law .criminal litigation law and other law.Part 2 is about the defects of our country s community correction law system. This part discusses the drawback of current community correction law system . The problems conclude too few criminals can be executed the measure, imperfection of the litigation process of community correction and few correction programs. Owing to the defect of law custodysystem of community correction, its practice can generate corruption easily.Part 3 is about community correction law system in western countries .After expositing legislation model in these countries, this part reveals the contents concerned in order to better our country s system.Part 4 is to discuss how to perfect our country s community correction law system. This part holds that China should elaborate a union community correction code, and then ,this part discusses how to perfect our country s relative law system.Part 5 is about the coordination between community correction and rehabilitation through labor .This part discusses the possibilities, necessity of replacement rehabilitation through labor by community correction, at last ,this part deliberates how to replace rehabilitation through labor by community correction.