On Defects And Perfecting Of Controlled Culprit's Community Correction

Community Correction of Controlled culprit is an important part of Community Corrections'experiment in China. In view of the controlled culprit, they are less harmful and accord with the international trend of light punishment. Therefore community correction of controlled culprit should be implemented seriously. The purpose of experiment is to find problems and accumulate experience for subsequent large-scale popularization.However, during the process of experiment there are many problems that are worthy of our attention and reflection. First, as the sole document---"Notification" which jointly issued by Supreme People's Court, the Supreme People's Procuratorate, the Ministry of Public Security and Ministry of Justice has obvious legal flaws, so it is not suitable for large-scale and long time application. In this situation, it is high time for us to perfect the law concerning the community correction of controlled culprit. Second, during the specific corrective work, there are many problems that are needed to be solved, such as the lack of professional regulatory bodies to control the offenders'corrections, a severe shortage of staff and low quality of personnel for community correction of controlled culprit, deficiencies of psychological correction, without the effective participation of community residents as well as the legitimacy of community service during the correction process and so on. Of course, the above problems appeared in the process of experiment are normal. For the purpose of the experiment is to find problems and try to solve them.For the defects exposed in the process of community correction of controlled culprit, the author proposes the following well-conceived measures:first, to go about the legislation for community correction of controlled culprit; second, to improve the expressing channels for community correction of controlled culprit in order to avoid the violation of their human rights; third, to increase the penalties for breach of regulatory efforts to compensate the loopholes for the breach-makers; fourth, concerning the relatively small number of controlled culprit, to implement "one to one" personalized community correction program, through a series of process design to actually achieve the social re-correction of controlled culprit and system designer's wishes; fifth, to bring in the auxiliary systems for the community correction of controlled culprit, such as the introduction of normative control for the volunteers involved in community corrections, appropriately enhance the threshold for volunteers; introduce and strengthen community services to make controlled culprit reflect their own wrong doings and regard community services as important contents of evaluation during the correcting process as well, complete the monitoring and assessing systems for community correction of controlled culprit, for it is an important guarantee to achieve correcting effects, its perfection will have a vital and far-reaching significance for the realization of correction's objective and the savings of judicial resources.