On The Defects And Perfection Of Community Correction In China

Since April,2003 as Beijing issued the opinions on the pilot to carry out the work of community correction, the development of community correction system has gone through 12 years in our country. During these 12 years, "Community correction" concept was admitted into the Repair Amendment Act Eight and Criminal Procedure Law; in practice,the judicial administrative organs at all levels as the main body of community correction undertook pilot work of community correction, at the same time, more social forces participated in the work of the community correction. However, compared with most of the world’s developed countries, the community correction system of our country not only started late, have weak theoretical and social foundation, low legislative level, not perfect design of the system, and the current community correction legal provisions operability is not strong. Community correction system was born in the western countries, all countries continuously improve it in theoretical study and practical work, historical precipitation of 100 years in developed countries created a relatively complete system of community correction, the author believes that, through the reference of foreign advanced experience of the construction of community correction system, combined with the local actual situation, the community correction system of our country will inject new vitality for our country’s criminal justice system and make the legislative and judicial system construction in our country better. Theory is the guide to practice, practice is the theory instantiated. In this paper,the author through the analysis of the legal basis of community correction, the use of literature research and comparison research method, has carried on the analysis to the unique experience of foreign community correction, combined with the actual situation of the local, the author puts forward the following suggestions on the development of China community correction:first of all, the concept of community correction. The status quo of definition, legal characteristics and the development of this part is mainly about community correction. In second chapter, the legal basis of community correction in China. This part mainly discusses the research status of community correction theory, which provides the theoretical basis for the construction of community correction in china. The third chapter, this chapter mainly introduces the system flaw and the practice of the plight of China’s community correction work. Respectively from the theoretical research of "defects", "legislation defects" and "practical dilemma" describes three aspects of community correction in China, existing many problems, such as:Community Correction concept not popular, public doubts in community inmates; the special legislation of community correction remaining unachieved; the narrow scope of application of community correction and so on. These problems can not be improved overnight, it needs our enhancement on theoretical research and Empirical Study on community correction. The fourth chapter, this chapter focuses on analysis of the common features of foreign community correction, focusing on the study of Anglo American and French law system of community correction legislation and judicial system.balanced on the difference between the continental area and the Anglo American and French area to find out the valuable experience worthy of our reference according to the situation of our country. The fifth chapter, this part mainly aims at the reality of the plight of defects and the practice of community correction in China’s legislation, judicial system specification in, the author has put forward measures from many aspects to perfect the related system of our country’s correction of the community, such as:strengthen our community correction theory research; enact special laws and regulations community correction; perfect the community correction system security system; to build a professional team of community correction. Through a lot of literature search and community survey, the author hopes to contribute to the sustainable development of China’s community correction system.