On The Improvement Of The Legal System Of China's Community Correction

Community corrections is a new way of penalty, based on their inherent with contemporary theory of punishment according to the theoretical advantages of a positive penalty function, various scholars have concrete system design much attention. Community corrections in China is still at the exploratory stage, although some achievements made, but there are still many problems. This thesis is to present the work of community corrections to discuss the main problems of community correction system.Chapter 1: Overview of community corrections. This section introduces the historical development of community corrections, definitions and characteristics. Correction of the definition of the academic community have a different point of view, sub-narrow sense, generalized that the offender said that such non-custodial punishment. Official definition of community corrections: Community corrections is the execution and imprisonment of the relative correction method is to comply with the conditions of the offenders placed in community corrections within the community, by the special social groups in the relevant state organs and civil society organizations and the assistance of volunteers in the decision, determination or decision within the time limit set, correct the criminal mind and behavior habits, and promote their return to society the implementation of activities of non-custodial sentence. With non-custodial community corrections, criminal penalty, community participation, ease of punitive, coercive, and other major features.Chapter 2: Sino-US comparison study community corrections. The first part of the legislative, judicial, executive introduced three status of community corrections: Community corrections is no specific legislative, judicial application of a low proportion, mainly by the public security organs to implement the community corrections. Then introduced the status of U.S. development and community corrections, community corrections as the principal source, after nearly a century of development has been very mature. Finally, legislation, application, form, implementing agencies, risk assessment and other pre-judgment comparison of the two countries in five areas exist between community correction.Chapter 3: Current problems in community corrections. The part of the legislative, executive body, scope, team building, ideas, quality assessment of six aspects of the problem: is the lack of a unified legal advice, legislative level is not high, there is no specific legislation of community correction, the main based on the department or local regulatory documents; executive body is not clear, there is a conflict of different laws, and work with the implementation of the main body to refer to, respectively, on behalf of the public security organs and judicial administrative organs; applicable percentage is too low, the scope is not comprehensive, includes only be sentenced to control, have been probation, and was temporary execution outside prison, and was convicted of parole, deprived of political rights, and the five sentences in the community; staff are not highly specialized, highly mobile no professional training, and the contents of a single work, to thinking of reporting, public labor-intensive; lack of social identity, community building is not in place, the slow development of non-governmental organizations; the lack of quality assessment system for community corrections.Chapter 4: Community correction legislative, judicial perfect. For the third part of the analysis of some aspects of the six major issues by improving the method. Are: improving relevant legislation, the"Criminal Law","Criminal Procedure"and"Prison Law"to modify, accelerate the legislative process, establishment of"Community Corrections Act"; clear judicial and administrative authorities as the main implementation of community corrections, set up a special community correction agencies; expand the scope and variety of relaxation in the legislation applicable conditions, additional types of community corrections sentence; strengthen the building, increased training efforts, enrich and perfect the methods of work; changing the concept of punishment, the whole society's general sense of identity strengthen the community building; establish the composition of scale and realistic quality assessment system.Community correction sentence as a means of implementation, in the punishment of perpetrators and negative evaluation, but also reflects on the perpetrators of human rights and respect for human nature is a sign of progress of human civilization. Its execution system in line with international trends, adapt to the modern concept of punishment is reform of the penal system the inevitable result. By improving the method of this paper, will receive its strong vitality, promote the harmonious development of society as a strong driving force.