On The Community-Based Correction Of Crime In China

The system of the community-based correction means the non-imprisonment executive activity of punishment, in which the criminals who accord with the certain conditions of the community-based correction should be put in the community, and with the assistance of the relative social groups and the folk organizations, within the limitation of judgment, ruling and determination-making, the special government office will correct criminals' psychology and their bad habits and make them return back to society successfully. It is the executive form, which is opposite to an imprisonment penalty that has overcome many disadvantages of it. In the western society, it has already become the main executive form, but in our country, it has still been in the starting stage of the experiment site. Therefore it needs to be proved how to be promoted and perfected in our country.The first part of the paper clarifies the theoretical base and the society base of the community penalty, from the aspect of the differentiation and analysis of the relevant penalty concept, based on the introduction and analysis of the theory of retribution, the theory of the general prevention, and the individual prevention theory. First, it discusses the theoretical base of the community-based correction: from the aspect of the theoretical base, the theoretical bases of the community-based correction have the thought of the restrained criminal penalty and the economical principle of criminal penalty, the humanity thought of criminal penalty, the label theory in the criminology, the concept of the big society and the social welfare thought, and the deepen reverting theory. The bases of the penalty theory concerning the community-based correction have the aims of the scientific penalty view, the conversion of the crime policy, and the community-based correction. The society base of the community-based correction rests with the disadvantages of a traditional imprisonment penalty and the base of the community-based correction and the community support. The disadvantages of a traditional imprisonment penalty are: that the periodicity of imprisonment has the conflict with the aim of the penalty individual prevention; the disadvantages of cross infection are evident which is not good for the re-socialization of the criminals and has the high executing cost. The reason that the community-based correction has more advantages than the penalty form of traditional imprisonment is that it combines the society forces and brings the community residence into play. For this reason, whether the community penalty has anticipated effect in the practice, the key depends on the development degrees of the society construction, and the perfection degree of the community. The departments of politics and laws and the relevant judicial departments have decided to develop the trial places of the community-based correction in the city, and the reason is apparently that the material facilities are more perfected and the economical development degree is higher in the city community. Especially, the city community has the apparent consensus and the information advantages. The society effect which could be provoked should be more evident.The second part of the paper expatiates on the different theories of the community-based correction of the domestic country and aboard. Then it comments on them. Firstly, it has a review of the meanings, natures, characteristics and significances of the community-based correction. It has a thought that the community-based correction developed in our country accords with the trends of the worldwide penalty system, and has many significances such as it shows the civilization advancement of the society; it could speed up the re-socialization of the criminals effectively, and avoid the cross infection; it is good for alleviating the economical pressure of the prison, and reducing the penalty execution cost; it promotes the perfect combination of the general prevention and special prevention of the penalty; it collocates properly the execution resources. Then it introduces and expatiates on the understanding of the meanings, features and importance of the community-based correction of the abroad society, amplifies the excellent aspects and the aspects which are worth learning concerning the running of the community-based correction system. Last, it sums up comprehensively the experience and problem existing in the work of the trial place of the community-based correction in our country, and also affirms the acquired special experience: the wide participation personnel, the division and cooperation between the relevant departments; as the judicial determination department, the people's court actively cares for the work of the community-based correction; the specific work of the community-based correction shows the humanity of the justice; the community-based correction carries out the classification management and the grading education; the society force has the evident function in the community-based correction. At the same time, it brings forward the problems and weakness such as, the existent community lacks of the forcible power, the ambiguous division of the trial work duty of the community-based correction, the community-based correction management and the joint work which needs the criterion, the shortage of the special outlay of the community-based correction. Especially, it does the field survey on the things of the community-based correction in the area which the author lives, and proposes the problems and the improving measures which has the good manipulation.The third part of the paper discusses how to use the advanced experiences abroad for reference, and how to perfect the theory and the practice of the community-based correction. It proposes that firstly, it should renovate the penalty theory. The national department should reflect, correct and give up lastly the penal policy of severe punishment. The legislation body should attach importance to the execution, and emphasize the correction of the person serving a sentence. The judicial departments, such as the people court and prison, should apply the penalty of the community-based correction boldly according to the law. The direct department of the community-based correction should reinforce the judicial publicity; and induct the public the concept of the penalty conversion. In the next place, it perfects the law regulations, and unifies the authority of the penalty execution, which includes the following. The community-based correction as the form of the penalty execution should be included in the Criminal Law, and the Criminal Procedure Law, and found the brand-new the execution system of the community-based correction, break through the execution nature of the penalty, enlarge the application scope of the community-based correction, use the legislation production for the reference and learn it, and pay attention to the local circumstance and make the law of the community-based correction considering it. Next, it should found the special organs and the executive personnel of the community-based correction, which includes the following: on the basis of making the penalty executing law, and constituting the unified the executive right, it should found the special personnel for the community-based correction, and cultivate and develop the non-official organization, and should constitute the special the non-imprisonment executive organs inside the judicial administration. Except these, it should use the abroad risking appraisal, and put the scientific classification and the separate custody in effect, and enlarge the application of the penalty concerning the community-based correction.The fourth part of the paper proposes the perspectives of constructing the system of the community-based correction of the juvenile delinquency. First, from the two aspects of external influence and the internal factors, it analyzes the phenomenon and trend of the juvenile delinquency caused by the market economical development. It is followed by the example of the southern part in Jiangsu, which introduces and states briefly with the emphasis on the exploring and founding the separating correction system of the juvenile delinquency. It describes the trial places of the community-based correction of juvenile. According to the juvenile delinquency and some characteristics of the juvenile who commit the criminals, except carrying out the normal regulation for the juvenile who need the correction, it emphasizes on the introduction of carrying out the correction measures and the correction measures of humanity, such as psychological correction, and network correction and the classified management correction. Then, it brings forward the exploration and thought of the community-based correction of the juvenile delinquency: perfecting the penal legislation of he community-based correction of the juvenile, making the unified the Law of the Community-Based Correction, making the unified legal measures and the unified institutions, the unified the executive bodies and the unified deduction and exchanged penalty conditions; founding the special organ for the community-based correction of the juvenile, combining the resources of the present basic judicial administrative system, endowing them with the legal power of the community-based correction of the juvenile through the legislation, and educating their working personnel in the specialization aspect of execution, gradually changing them into the special executive organ for the community-based correction of the juvenile delinquency, founding the volunteer group of the community-based correction to help them and teach them, basing on the community, making the best of the community resources, and mobilizing the society strength, founding the helping network of the volunteer group of the community-based correction.