A Research On Community Correction System In Our Country

Community correction has already been not a fresh judicial system on international basis, however, in our country, it is still a fresh thing, only an experimental work which lays the foundation for future judicial system reform. Simple explanation in introduction makes readers understand the author's purpose, research assumption, expectation effect and significance for writing this paper. At the beginning of the paper, definition of community correction is pointed out, in our country, community correction refers to place the criminals who are in accordance with conditions of community correction in the community, with the help of related social groups, non-government organizations and social volunteers, special state organs correct their criminal mentality, behaviors and vicious habits and promote their enforcement activities of non-confinement penalty for returning to society within definite term of judgment, ruling or decision. Its targets are criminals who serve prison sentence in society and receive the following punishments: supervision, probation, parole, serving sentences outside prison temporarily and depriving of political rights. Similarities and differences for conceptions and systems which are similar to community correction, such as non-durance penalty, jail correction, resettling persons accomplished reform-through-labor, are analyzed, which fully show the characteristics of community correction and make readers get a general knowledge of community correction. After that, through combining the generation, establishment and current situation of foreign community correction idea, exploration for community correction in our country is led out, origin and current situation of community correction system are compared, which clarify that community correction system is not naturally born but is gradually probed and set up with the development of society and the generation of idea of socialization in implementing penalty, and its developing process is also not successful which has experienced many repetitions as well as twists and turns, however, it finally becomes the development trend of international penalty socialization, the same is the case with the reform of penalty executive system in our country--the generation and development of community correction.Then the feasibility for implementing community correction in our country is analyzed from the angles of law and policy as well as current situation of law enforcement for five non-durance penalties in force. Our country's constitutional law, criminal law, criminal suit law as well as laws and regulations related to supervision, probation, parole, serving sentences outside prison temporarily and depriving of political rights are all the legal grounds for community correction in our country. Along with the generation of idea of constructing a harmonious socialist society in our country, community correction system has policy basis of deeper level and becomes the effective carrier for judicial circles to constructing a harmonious society. The generation of community correction system is also induced by current situation of law enforcement for five non-durance penalties: firstly, as executive agents of the above five penalties, public security organs have many drawbacks, the main responsibilities of public security organs are security administration and criminal investigation, by reason of the limited manpower, material resources and energy, it goes against the implement of non-durance penalty, and it is disagree with the principle of checks and balance of power, according to the provision that the chief organ of current penalty execution in our country is administrative organization of justice and combining with international situations, the above five non-durance penalties should be implemented by administrative organization of justice; secondly, it is short of specific, detailed and quantifiable standards for how to apply to the five non-durance penalties, legal rules are relatively formulated which don't have maneuverability; thirdly, the main purpose of non-durance penalties is reformatory education for criminal offenders, but current laws are short of the contents of reformatory education for them, thus in actual execution, the function of reformatory education can't be brought into play through the executive mode of non-durance penalties. As an experimental criminal justice system, community correction is an essential product when politics, economics, culture and social civilization level develop to particular historical phases and also an important symbol for continuous progress of society and gradual rationalization of criminal policy, the necessity for implementing community correction in our country is set forth from the following four aspects: show our country's execution humanitarianism so as to establish the good image of political civilization in our country, effectively promote the remolding quality of criminal, save state execution resources so as to reduce execution costs and alleviate regulatory pressure for jail as well as agree with the requirements for constructing a harmonious society and implementing a scientific outlook on development. After a few years'exploration, community correction system with distinct Chinese characteristics has already been established initially in our country, which is not only obedience to the essence of international community correction system but also in line with the basic condition of our country.Then community correction system in our country is mainly set forth from five aspects: firstly, the nature and basic features of community correction. Basically, community correction is a kind of activity of penalty execution, although it has feature of mitigation compared with imprisonment correction, it still a kind of penalty implementation way and doesn't lose the inherent punitive nature of penalty, at the same time, it also own features, such as legality, participation nature of community, relieved nature of penalty way etc. Secondly, the basic principles for our country to implement community correction. At the present stage, it mainly has the following principles, active and reliable, community participation, respective correction, people oriented etc., our country is just steadily impelled under the direction of these principles. Thirdly, the legal procedure and corrective contents of community correction, according to the comprehensive situations of each experimental area, the legal procedure and corrective contents roughly can be divided as follows: reception, formulating corrective case, corrective education, supervision and management, helping to solve problems, assessing and awarding, ending correction, following correction etc. Fourthly, developing situation of community correction in our country is introduced, and that experimental work of community correction in our country has obtained certain results is illustrated by figures of official statistics of justice department: effective working mechanism is established so as to provide organizational safeguard; systems which are suitable for working requirements are established; institutions and ranks of community correction are gradually set up; a set of working procedure which is effective is summarized; good corrective effects for corrective targets.Although the last part obtains joyful achievements, it also has many problems, some are even prominent, taking the sight of experimental situations on a whole, the following problems are mainly existed: absence of legal ground and inconformity between working subject and subject for law enforcement so as to cause some contradictions and conflicts in daily works; lack of procedural safeguard, in the aspect of specific procedures, the work of public security organ, procuratorial organ, people's court and judicial organ is only roughly mentioned, however, specific relegation of jurisdiction, transfer and connection, evaluation and detection etc. are not formulated; there are conflicts between the idea of community correction and traditional social value which lead to that social identity is less powerful at present. The author's methods for solving the problems are raised through combining foreign practices on the basis of analyzing the problems: progressively amend and formulate laws and regulations related to community correction and gradually establish perfect community correction legal system; add community service penalty and solve the controversy of mandatory public labor academically; perfect probation and parole systems and reconstruct decision-making power for parole so as to alleviate the contradiction between parole justice and law enforcement. Prospect for community correction in our country is made and the author's suggestions are proposed in the conclusion.