Thinking Of Introducing A Community Service Order

Community service order system from the beginning in 2001 related to the judicial practice in China for the first time after the local courts have been related to experimental work, but because of many reasons the system was in 2005, the Supreme Court later suspended. However, many places in China Procuratorate and the courts, on the community service order to explore and test the system still did not stop. So community service do? Following a suspension by the Supreme Court is to give up or settle down to start over to explore the original? What should the future construction of what the penalty of community service system? These are before us, have to think about. Paper from the basic theory of community service, combining the special nature of our penal system, the use of literature, empirical research, comparative research methods, community service order in our analysis of the applicable penalty, as a kind of us that is still relatively new to the community service order system, ins and outs of how and whether they should integrate it into our country, if the system should be introduced into China, then it should be associated with this system are formed? This paper intends to discuss some of these issues and make recommendations. Text is divided into four parts:the evolution of community service and development, the nature of community service and function of the need to introduce community service as well as the feasibility of the introduction of community service orders.In the first part of "the evolution of community service and development", the main concept of community service and research related to basic theory and to the foreign community service order system, the origin and development are introduced.The second part of the "community service order of the nature and function", the author describes a community service order for the current pattern of various countries and regions, highlighting the specific nature of community service, function and effectiveness evaluation, that it has the financial compensation and assistance psychological rehabilitation of offenders, legal value, reflecting the justice of civilization and progress.The third part of "the need to introduce community service orders," I believe that the community service of people for minor offenses, the punishment to imprisonment, reflecting the tolerance of modern society, the tendency of minor offenses, who embodies the spirit of modern legal culture, with human, economic and easy to make the system return to society the offender the value of the creation of a community service order system is necessary, and now across the country already has a pilot's condition.The fourth part, through the introduction of community service to promote the feasibility analysis, pointed out that the main focus of the current pilot system in the prosecution and the court system, pooling the two types of absorption of the introduction of foreign models, and the difficulties encountered during the pilot to explore, for the former System of community service suggestions for the future service order system, one by one analysis and evaluation of ideas put forward legislative proposals.In summary, this report mainly to study the origin of community service orders, status, development of the entry point to analyze the application of community service orders, produce the "community service order system" to promote a necessity, feasibility conclusions, the last key Summary community service experience in the implementation process and explore the set of sentence of community service orders in the future, trying to build a comprehensive system of community service.