Community Correction System

In July, 2003, the Supreme People's Court, the Supreme People's Procuratorate, the Ministry of Public Security and the Ministry of Justice promulgated jointly"the Notice on the Experimental Site of the Rectification of Community", the work of the community rectification began officially in our country. The rectification of community is a kind of inevitable result of the socialization of penality and the humanity of penality, also is now the tendency of the development of the penality system in the various countries. But, as a new system, the question emerges one after another in the course of transplanting advanced experience overseas and the continuation of system and the innovation on the basis of the condition in our country, in the course of the coordination and adaption of the new system and the original institutional frame work, and in the concrete operation of practice. The article tries to study the system of the community rectification from three aspects, attempts to put up several proposals for the system of the community rectification in our country.The first part: the definition analysis and the theory basis of the system of the community rectification. Tirstly, ananlyzing the concept of "the community","the rectification of community"and so on, making the meaning of the community rectification clear in our country at present. Secondly, elaborating each kind of theory basis,including "the subjectivism and the theory of educational penality","the humanitarianism of penality","the special preventing principle of the criminal policy","the economy of executing penality","the socialization of executing penality ", and so on, analyzing the penality value that the rectification of community has manifested.The second part: the present situation of the legislation and the judicial practice of the community rectification in our country .On the basis of the introduction of the historical origin and the charactenstic performance of thecommunity rectification in our country, analyzed exphatically the difficulty and question existing in the experimental site of the community rectification in our country at present, among the difficulty and questions, the rectification of community in short of the approval of society,short of concrete and deficiently legal basis,the legal status of the executing body of the community rectification isn't clear,the restricting bottle neck that the community supervise and manage the criminal under the economy of market as well as the difficut position that some malpractices in action of the community rectification has brought about in the actual execution and the other aspects.The third part: the construction of the system of community rectification in our country. Attempting to put forward the proposals for constructing the work system of the community rectification in our country. The one is to optimize the executing punishinent; the second is to establish the relative perfect legal mechanism of the community rectification, consummating the legislation of the community rectification form three aspects including the condition of adaption ,the standard of behavior as well as the new additional punishment;the third is to set up the mechanism of operation of the community rectification. Establishing the special the department of management of the community rectification, enhancing the construction of the worker of the community rectification and the use of social resources, strengthening the supervision of law; The fourth is to explor the scientific method of work of the community rectification; The fifth is to study the rechtification of community in view of the specific object, including the special measure of rectification in view of the minor and the community rectification in view of the moving criminal.