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On The Community-based Correction In Terms Of The International Human Rights Guarantee

Posted on:2008-04-01Degree:MasterType:Thesis
Country:ChinaCandidate:S S YangFull Text:PDF
GTID:2166360242472482Subject:International Law
Abstract/Summary:PDF Full Text Request
With the development of social civilization and the acknowledgement of human dignity, it is highly recognized that the guarantee of human rights has become the indispensable principle of modern legal systems. Within the system of penalty, many countries are carrying renovation and reformation out today. Community-based correction (hereafter CBC) which is a new type of execution in comparison with the traditional imprisonment has already been brought into the modern legal system indeed. With the help of nongovernmental organization or social volunteers, the CBC now allows to free adequate criminals into the community and rectifies their criminal act and criminal psychology during the term of their imprisonment, and finally back to a natural social life successfully.This thesis aims to investigate both the theory and the real cases of CBC in terms of human rights criterion and the experience of social correction in other foreign countries. By the study towards the definition and delimitation of CBC, the present actuality of foreign CBCs, the current situation and the history of our country's CBC the concrete. The thesis also respectively deals with the problems arise during the process of CBC construction in our country, and further proposes strategies so as to improve and consummate the CBC and have the human rights guaranteed of the highest degree.This thesis employs the research methods of deduction and contrasts. Besides the introduction and conclusion sections, there are totally four major chapters. The first chapter focuses on the origin, definition, delimitation and the unshakeable future development of CBC home and abroad. The second chapter firstly unfolds the objective and the task of CBC, and then analyses the theoretical delimitation and the characteristics of CBC in terms of the law of nations. The third chapter contributes to the legislation situation of CBC both home and abroad, especially the current situation of CBC in China; in addition, the thesis also proposes strategies towards legislation. The fourth chapter contrasts and analyzes the different modes, operations, the executive system and its outlay of CBC between China and other foreign countries, and further classifies and illustrates the 5 types of CBC in China respectively.Nowadays, CBC really shows the world the efforts made by all the human beings to protect human rights. Owing to the wide gap between our Chinese and Western social, cultural and economic achievements, it is necessary for us to build up and consummate a system of community-based correction with particular Chinese characteristics.
Keywords/Search Tags:International legal norms, Community-based correction, Human rights guarantee, Execution of penalty
PDF Full Text Request
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