Legal Thinking About The Perfection Of Community Correction System Of China

Community Correction means taking criminals to community who according with the condition of Community Correction. They are executed by the special national department in the term which decided by the judge, assisted from some castes, NGO and some volunteers. And though the Community Correction, their crime mind and doing abuse can be corrected, so can regress the society all right. It is another execute fashion refer to prison in traditional. Community Correction begins to replace the former and becomes dominant in west countries. However, in China, Community Correction System is still at its initial stage. The author wants to arouse more and more attention to this system and so improve it in Chinese legal circumstance by writing this thesis.The thesis is composed of three central parts,altogether more than 20,000 words.Chapter one mainly introduces the concept, the character and positive meaning of the community correction system. First, restrict the textual definition in narrow sense: to be a fashion of penalty execution. According to notice released by the Supreme People's Court, Supreme People's Procurator ate and the Ministry of Public Security and Justice "on the experimental work of community correction" ,The concept eventually will be identified as: Community Correction, the way of execution relative to the imprisonment correction is that put the offenders eligible under community to correct their bad habits and behavior of criminal psychology to promote their returning, with the help of special state organs,social groups,non-governmental organizations and community volunteers,In the period of judgment, award or decision. Second, summarized the characteristics of Community Correction. Community Correction is the implementation of non-custodial penalties for the criminal, Community participation, specific corrections, and specific ends and means of correction. Finally, the thesis summarizes a number of positive significance to the community correction system. By contrasting with correction of imprisonment, we can find that which supporting the Community Correction system : Community Corrections reduced the cost of execution, saved the judicial resources, and it's initiated with the execution economic principles that minimized the cost of penalty, maximized benefit, it's good for the correction of the crime, it can reduce the probability of cross-infection of crime, and can come into being strong disciplinary education. In short, by the analysis above, we can say that Community Correction is the very way to t the best results to meet the purpose of punishment.The second part focuses on the analysis of problems and the influence of the Community Corrections system recently. First, analyzed simply the difference applied to the Community Corrections between domestic and foreign state, and progress of Community Correctional situation in China. Then focus on the drawbacks of the current Community Correction System: First, the concept did not adapt to the way of reformation of the criminal law. It included the concept of judicial delayed, and the lack of identification for the Community Correction from the residents. Second, in China, the five terms of Community Correction is harsh Third, for the regulation of main body of execution, There is a contradiction not only between the laws, but also the justice guiding document breaks the laws. And the requirement is unreasonable. Fourth, the specialization degree of service is not very high, and there is also a problem on the management system of the staff. Fifth, there is negligence of protection of the rights in recent Community Correction system in China. Finally, the article pointed out that, the current standard of legislation of Community Correction is low, and the regulation is dispersed.The third chapter, by analyzing the problems that existed in Community Corrections work, give the solutions. First, the author suggests that, the judiciary must optimize the execution concept. Discarding "felony supremacy" concept and "Own way" concept to carry out the duties in a better. Otherwise, we must create a good atmosphere, supporting and trusting the Community Correction. Second, the author suggested that,1.raise the standard of legislation of the Community Correction system.2. in current conditions, add the penalty of community service in "Criminal Law". Otherwise, modify the regulation of Community Correction, expand the scope of application of the penalty of control, establish the system of control switching to forced labor. Thus increasing the criminal deterrent and conscientiousness of execution of the control penalty. Second, modify the penalty of deprivation of political rights. Add more citizenship and the right to parents to increase the flexibility in the execution of this penalty. Third, refine the real conditions of probation. Introduce the Personality Survey System before the probation. Expand the scope of execution of probation, And remove probation carefully. And exchange the execution body from the police to the Judiciary Chief to expand the functions of probation. Fourth, Perfect substance condition for paroling. Expand the scope of parole. And add the statutory parole system. Set up parole Board to master the right to decide on parole. Fifth, broaden the execution of sentence outside prison yet under surveillance. Fourth, suggest that the execution power of Community Corrections should be under the judicial administrative organs. Set up Community Corrections Executive Board Corresponding with the Prison Authority. Rely extensively on primary and social forces. Add supervision departments of Community Correction Internal procurator at all levels in order to avoid corruption. Fifth, Community Correction System should establish a contingent of professionals and volunteers to participate in the implementation, and improve the quality of Community Correction contingent. Sixth, provide more opportunities for employment and training opportunities. Help them solve the particular plight, Provide basic medical and life support, in order to truly protect their rights of social relief .Finally, the Community Corrections System in China should be taken under progressive legislation. The short-term goal is the legislation of the"community Corrections Act", corresponding with the"prison law". The main contents include that: the concept, tasks, basic principles and general provisions of Community Correction; and target, sector ,workers ,procedures and protection. As a long-term goal, should put the "Prison Law" and the "Community Corrections Act" and other related content integration all together, draw up a unified "Criminal Correction Law",and turning it into"Criminal Law"and the "Code of Criminal Procedure" a parallel criminal basic law,the contents should include: general, object, institutions, workers, work procedures, work contents and other requirements.Finally, we should trust, in our ceaseless efforts, Community Correction System will be established in China and play the important unique role! The tomorrow of Community Correction would be better and better!...