Study Of Chinese Urban Community Correction

Community Correction, an external legal system in penalty implementation, is now undergoing a process of differentiation, approval, adaptation and integration in China. In order to make Community Correction be really integrated into Chinese legal system, the author attempts to analyze the following problems in the implementation process of Community Correction in China: First, the author summed up the legal concepts, characteristics and basis of community and Community Correction theoretically; Second, on the issues of the subjects, objects and legal application of Community Correction, the article not only described the problems, but also revealed the deep -seated reasons of these problems, and finally put forward some rudimentary solutions; Third, in order to make the public have a new perspective to consider the problems of juvenile crime, this article has a separate chapter to explore the concept and particular problems of juvenile offenders from microcosmic perspective.On the basis of analysis, the author defined the application scope of urban communities in legal sense and summed up the characteristics of Community Correction—criminal penalties, eased sanctions, non-custodial sentences and community participation. As for the theoretical basis, apart from the Penalty labeling Theory, the Penalty Humane Theory, the Returning to Society Theory, and Penalty Humility Theory, the article creatively involves the Society Exclusion Theory in sociology, holding that self-correction subject is also a subject of Community Correction. When analyzing the subjects, the author strengthened the power and duties of the judicial and administrative authorities, and pointed out that Community Correction not merely requires legal expertise. When dwelling on the objects, the author introduced a mechanism of rights protection, and raised a corresponding evaluation system and a remedy procedure of rights. On the issues of order conflicts of legal application, the author found a way to speed up the legislative process with the study of legal origin as a starting point. On the comparative analysis of "minor offenders" and "juvenile offenders", the author argued that "minor offenders" sounded more persuasive in legal field. So the author introduced the concept of "minor offenders" into Community Correction, and then attempted to analyze the specialties of the concept of "minor offenders" (the distance between physical and psychological nature of minor offenders; simple and volatile motives; behavior imitation and competition; profession of crime group). Furthermore, the author put forward the following special measures which are beneficial to "minor offenders": community management, family involvement and psychological correction.