Some Thoughts On Constructing The Community Corrections In China

How to deal with criminals in the law, that indicates a civilized society of the country developed and the extent of the law. The light punishment and socialization of execution of punishment are the international development general trend, the transformation pays great attention to the criminal to punish and education equal importance. Community corrections system as a means of socialized execution form is a impact on long-standing Chinese traditional doctrine of severe punishment,can full use of the community resources to help the perpetrator to complete the transformation and reversion society well.At the same time, slow down the pressure of prison , so that judicial resources will be more reasonable distribution. At present, the western country's community corrections system become more and more perfect, the high usage rate, the outstanding effects ,has become an important means of treatment of crime in judical practice. China's community corrections system is still in the pilot phase, whether in legislation or in the theoretical study are in a weak state on the need to be rich in theoretical research and the practice of long-term work to provide a basis and support for legislation.Except the conclusion,the dissertation is divided into the following six parts,through the use of a comparative analysis,theory with practice and other methods, such as standing on a number of legal and sociological point of view, descripting and analysing the community corrections system step-by-step, combined with the actual situation in China to carry out research studies.The first part of the exploration of the meaning of community corrections,summarize the concept of the community corrections and the community as well as the characteristics of Community Corrections. Focus on community corrections as a " non-imprisonment punishment execution" to supplement and perfect description, as well as expand the scope of the community from the point of view of community function , besides the residents committee, extending to the natural villages, large-scale industrial and mining enterprises and universities and so on.The second part analyse the community corrections system's development and status in the United States, Britain and Japan,to provide references in system construction and legislative guarantee for the community corrections pilot localization in China.The third part from the value of dimension of community corrections, combined with the practice abroad, to analyze the feasibility of the application for the community corrections system in our country. "Beijing Model" and "Shanghai model" are the most representative model of community corrections preliminary experimental work, representing two lines which pay attention to administrative strength and social strength respectively. Trial at the initial stage of community corrections system, community environment and community awareness are also very immature, the promotion of "Beijing Model" will be more practical significance. Community Corrections in the pilot process has exposed the problem of applicable objective , correction methods, rural community corrections, as well as legislative guarantee, should be corrected and improved in the future work.The fourth Part will be the application of Community Corrections, including describe the community corrections'subject and applicable object concretely. At the subject of application,solve the separation of executive subject and subject of law enforcement fixedly, as well as the construction of volunteer ranks.At the object of application,increase penal punishment,reeducation and public security penalty for overall consideration, the relative will be people not to prosecute relatively,the suspention of the prosecution staff, as well as re-educating through labor and persons released after imprisonment into the community corrections personnel system to expand and improve the function of Community Corrections, and enrich the connotation of Community Corrections.The fifth part to discuss and research some important questions at a specific opration, including the practical need of adopting community corrections, as well as deeply develop the rural community corrections to carry out the severe situations of lack of means of implementation of community corrections,targeted not strong enough,as well as the blank existing in rural community corrections work.The sixth Part on base of analysising above questions,according to the problems reflect in the pilot phase to make some suggestions of the legislative work of community corrections. Including setup community service punishment,make clear judicial administrative organ as the community corrections job, make clear the work of the convergence of the functions of department procedures, make clear the rewards and punishment for the object of community corrections, and strengthen job security system, improve security measures.To built and improve community corrections's legislative guarantee systems at the national level gradually.