Study On Legislation And System Construction For Community Correction

Community correction is an execute fashion opposite to imprisonment correction, it also is an important component of criminal reconstruction, it's a general call of executing punishment in community for criminals conditional, such as some criminals relative not important guilt or some criminals have underwent some periods imprisonment education, have good behavior and release them from imprisonment will not harmful to society.With the continuous development of criminal law thought of human being and execution system, the education to criminals and correction get more attention and recognition gradually, the mode of community correction was cried up gradually worldwide. Community correction system was prevail in western countries in 20 century, it also was affirmed and advocated by the organization of crime prevention and control in the U.N.; the system and method on the basis of community correction not only the embodiment of western education penalty thought also the specific implementation of the principle of punishment economic, even the embodiment fulfillment of socialization, individuation, humanism of execution.At the beginning of 21st century, some Chinese cities started the attempt of community correction by the impulse from government, these activities of experimental unit is helpful to the promotion of community correction in China, it is helpful to accelerate the progress of execution socialization, it is link up the world trend of penalty socialization as soon as possible, it more helpful to the transition of criminals from"prisoner"to'Social people", let them melt in the society and regain the new life. But community is a very serious criminal execution activity after all, it should be supported by the relevant legislation, however the regulation of this content in"Criminal Law","Criminal procedure law"and"Prison law"are severely lag in our country, the relevant system establishment is a blank approximately. These factors are induce a lot of unsettled things and issues of the developing of community correction in experimental units have been confronting in our country.This article start with the deficiency of relevant law regulation of community correction, by using a large numbers of oversea experience in community correction legislation for reference, combining the characteristic of the legislation and system of execution in our country, the author put forward constructively the framework of legislation of community correction and the matched system construction. Author hope it have some reference meaning in the reformation of penalty system in our country, in reducing the cost of execution, in improving the quality of criminals correction and pushing the progress and perfection of community correction in our country by the constructively explore and attempt.This paper have four chapters, the main contents as below:The first chapter is an analysis of the character and position for community correction, author put forward the necessity of making special law for community correction in our country after the combination of the regulation of legislation of community correction in other countries.The second chapter point out the deficiency of regulation for community correction of current legislation by summarizing the regulation for community correction of present legislation in our country.The third chapter bring forward the legislation of framework design for community correction in our country aim at the blind spots of the legislation for community correction in our country which pointed out in the last chapter.The last chapter put forward the establishment of relevant measures of community correction on the basis of the framework of legislation for community correction, such as the suggestion of"Community correction officer"system. Author as one member of the task team of"the systematic study of community correction", this program is one scientific research project of the municipal education committee of Shanghai. Author have finished this paper under the guidance of teacher, and the inspection and review on site, face to face interview and the survey research in the several districts and communities in Shanghai, and the widely consultation, analysis and study for all related materials and literatures.