Disscussion On The Legalissue Of Community Rectification In Our Country

Since the 1960s, the community correction, which has been developed for one half of century, is getting mature day by day, meanwhile, it complied with the historical tendency of penalty system, and has obtained the good social efficiency. As China's reforming and opening policy and the reform of the judicial system went on, the concept of Rule by Law sink deep into the hearts of the people. Establishing scientific idea of execution, focusing the execution of the non-confinement penalty has been paid close attention by public figures in criminal law field and practical circles. In July, 2003, the Supreme People's Court, the Supreme People's Procuratorate, Ministry of Public Security, Ministry of Justice issued jointly " Notice about Carrying out the Community Correction Operations ", which decided to carry out pilot programs of community correction in provinces and cities of Beijing, Shanghai, Tianjin, Jiangsu, Zhejiang, Shandong symbolizes the kick off of our country community correction. Currently, the nation had 25 provinces and cities areas to do the pilot work. 5 years'community correction has brought remarkable achievements. But in the process of community correction judicial practice, the factors of people's false understanding of community correction, the lag of law and the low of echnical content still limit its further developments. Especially the lag of law has already become the major problem which the implement of community correction faces, and thus formed certain resistance to the community correction. The positive judicial practice of community correction opens the door to the establishment and the amendment of community correction laws and regulations. At first, this paper introduces the concept , the essential feature, the historical development as well as overviews on community correction legal norm of various countries, and sums up the situation of community correction pilot work briefly, and then, draws out the legal matter which existed in our country's community correction. This paper tries to elaborate the law problems of current community correction work in China from three angles: Firstly, there is slight defect in the legislation of community correction legal basis. This paper will elaborate "Notice about Carrying out the Community Correction Operations" which the Supreme People's Court, the Supreme People's Procuratorate, Ministry of Public Security and Ministry of Justice issued jointly. Secondly, the related stipulation about the public welfare work in community correction is illegal . Thirdly, the stipulation on the subjects of community correction is not legal. Fourth, the applicable scope of community correction's object is unreasonable. This paper will elaborated specifically persons deprived of political rights should not include in community correction, and there is confliction on range of use between community correction and the reeducation through labor. Fifth, the deficiency of the procedural rules of community correction. Direct towards these legal problems which exists in view of above, meanwhile, relates to the judicature practice, the paper presented the idea of legislation and system development, and in pratical terms which has the following several aspects: First, endowing with the judicature Administrative organ legal enforcement power. As the specific execution organ of community correction pilot work, the judicature administrative organ actually has not legal enforcement power, however, the public security organ is not suitable to take the execution of punishment, thus the paper proposed this idea. Secondly, adding community service punishment. The paper elaborates the concept, features,the necessity of adding as well as the legislation envisage of community services punishment, and community services punishment's legislative form, the suitable condition, the time, the content and the place of serving a prison sentence, has given the explanation. Thirdly, expanding the applicable scope of community correction. We must develop the legislations of supervision, probation, parole and execution of sentence outside prison. Fourth, providing procedural safeguard of community correction. The paper conceived different procedural safeguards which aims at the stages of adjudication, combination between decision and implement of community correction, termination of community correction.