Consideration On The Problem Of Judicial Administrative Organ's Community Correction Supervision

Community correction implementation is an important reformation on penalty Execution System in our country. Beijing,Tianjin,Shanghai,Jiangsu,Zhejiang,Shandong becomed the first trial cities and provinces in 2003,and then the trial ranges spread. In September 2009, <The Opinion About Community Correction trial implementation on a national scale > was formally published by the Supreme People's Court,the Supreme People's Procuratorate,Ministry of Public Security and Ministry of Justice, which meaned community correction was carried out in the whole country.During the 7 or 8 years trial, we have obtained the experience meanwhile we also encountered some problems among which the deficiency of supervision leads to our deep thinking on community correction as a penalty execution,and appeal for its legislation and institutional innovation constantly goes on ,which makes us take into consideration during the work promotes.In this article,I will analyze the problem of judicial administrative organ's community correction supervision basing on the community correction practice arranged in Shanghai,from the view of judicial administrative organ and the point of supervision. Four issues set out that is the dislocation of the supervision subject,the execution difficulties for disempower object,the non-compact on execution engagement and the lack of the guarantee. The concrete performances and consequence which happen to the correctional staff, social people and country are explained below as well as the analysis of the cause from legislation,institution team and practice. The legislation cause explains upon the legal basis and status which cast doubt on legality also legal rule and norm which exist insufficiency. The institution team cause analyses on the existing problem of execution in team configuration and capability. The practice cause includes technology lack, expenditure inadequate and the inconsistent understanding between judicial administrative organ and police and court function department on supervision executing. The thesis set forth the solution on legislation and practice. From legislation aspect, judicial administrative organ should be the only subject executing on community correction supervision to define the work, take disempower object away from the execution range,demonstrate the procedure of acceptance,ask or resumption for leave and migration ,and the guarantee power is also supposed to strengthen from giving encouragement and punishment on supervision evaluation. From the practice aspect, judicial administrative organ as well as police and court function department should cooperate further. The capability construction for community correction team should positively improve ,and the expenditure should be put into effect,and better technology methods should be used.I expect people to acknowledge Community correction and give more concentration and support in judicial administrative organ's Community correction supervision through my imperfect analysis and suggestion so as to ensure the successful supervision on correctional staff , defend the seriousness and authority for government's penalty execution and develop the community correction work deep and healthy.