Research On Community Impact Assessment Mechanism In Probation Decision

The Amendments to The Criminal Law（eight）eleventh adds a new applicablecondition of probation，namely:"Probation has no significant adverse impact on theresidential community."In addition，one of the objects of probation criminals as thecommunity correction work，the Community Correction Measures comes into effect inMarch1st of this year also clearly defines that:"Defendants，criminals who would besuitable for community corrections need to be investigated of their influence of theresidential community by the people’s court，the people’s Procuratorate，the publicsecurity organs and prisons，they can entrust the county-level judicial administrativeorgan for investigation and assessment." But，as necessary conditions of the court tomake the decision of probation，evaluation mechanism of the community impact hasnot been built up，the lose of this specific system may lead to the unapplicable of thislegislation.This paper is analyzed through the legislative background and function of theevaluation mechanism of community impact decided by probation in our country，andregarding the experience of evaluating the influence of Fengtai District community ofBeijing city as a case， analyzing practical difficulties and lack of system ofcommunity assessment impact in China，in order to come up with correspondingcountermeasures and suggestions，definite assessment procedures and methods of thecommunity impact，and explicit the assessment standard and content. The article isdivided into four parts.The first part of this paper introduces the legislative background and function ofcommunity impact: this part mainly through the comparison of the foreign communityimpact assessment of practical experience，analysis The Amendments to The CriminalLaw （eight） eleventh adds a new applicable condition of probation， namely:"Probation has no significant adverse impact on the residential community." and itslegislative background of sentencing standardization;Discuss and define the value andrationality of community impact in probation decision and community correction.The second part introduces loss and difficulties of social impact assessment: thispart mainly through problems met in the investigation of evaluating the influence of Fengtai District community， and analyzing practical difficulties and lack ofsystem of community assessment impact in China. Through the research advance inthe city of Beijing in Fengtai District，System deficiencies mainly show in the lack ofjudicial mechanism and community management，and evaluation standards lack. Thepractical difficulties mainly appear in the stranger society，loss of cultural identity insociety and lack of the evaluation of talents.The third part builds a macro framework for the social impact assessment: thispart mainly describe the basic procedure of building social impact assessment is thecourt commissioned by the County Bureau of justice started evaluation，the countyBureau of justice commands grassroots justices to implement the evaluation，andresidents take part in the social impact assessment. The main method to assess shouldbe the scale，making the scale should base on the basic theory and practical statistics，and combining qualitative analysis with quantitative analysis.The fourth part introduces detailed designs of social impact assessment:including the establishment of evaluation parameters， institutional guarantee，mathematical modeling of evaluation content. The social impact assessment shouldstart with questionnaire surveys，the content and form of questionnaire surveys mustbe scientific，detailed，mainly based on objective quantified-statistics and add withsubjective opinions. The social impact assessment should fully consider the cause ofevery community environmental factors and the cause of the criminal，so that we canmake choices and empowerments. The social impact assessment involved in manyaspects of data and multiply discipline knowledge，it needs people who masters thehigh technical ability to take part in，thus how to establish different organizations indifferent stage of the assessment to provide technical support is an essential issue tobe considered. The mathematical modeling of social impact assessment is thetechnical choice of sentencing standardization， the mathematical modeling canprovide technical supports for qualitative analysis and quantitative analysis ofsentencing standardization. Specific to the community impact assessmentmechanism， the effect of mathematical modeling is to solve assessment factorweighting problems，and design the social impact assessment scale more objective，scientific and digitalized. We mainly useAnalytic Hierarchy Process.