Community Of Harmonious Thinking Vision Correction

Since the middle of the 20^th century, especially in the recent two decades, with the development of the civilization, many countries in the world have been embarking on the reform and innovation of criminal penalty system, striving to address the problems of crime and punish the criminals in the most effective, humane, and civilized way. The community correction as an advanced criminal penalty resort came into being under this background.The community correction conforms to the Chinese traditional culture and the current concept of the harmonious society, representing the spiritual pursuit of the humanism. On the one hand, in the background of constructing a harmony society, the harmonious thought should penetrate through the work of community correction. On the other hand, the work of the community correction with the guidance of the harmonious thought will enhance the harmony among the criminals, the victims and the society, and promote the development of the society ultimately.Currently, the work of community correction has been launched in the 25 provinces (cities) nationwide, which has made some progress, achieved a lot of successful experience, and explored many effective avenues. However, we cannot lose sight of the fact that the work of the community correction in China has still been at the trial stage, with some problems existing. The exploration and research on the relevant problems and strategies are of great help for the further reform of the criminal penalty system in China, and help offer the justice guarantees to the harmony society.On top of the preface and conclusion, the thesis is divided into four chapters.ChapterⅠdiscusses the harmonious thought and the traditional criminal justice. For the first place, it puts forward the problems contained in the concept of traditional criminal justice, including the dictatorial attitude towards the criminals, the neglect of the victim rights, and the existence of conflicts and antagonisms. Then, the chapter shows how the traditional criminal justice is corrected by the community correction with harmonious thought. Through the execution of the community correction, the criminals are not segregated from the society, their difficulties and problems are prone to be tackled as well. Besides, the community correction pays attention to the victim rights, and is able to compensate their losses. At last, the community correction aims at changing the antagonism notion, reconciling the conflicts, in order to promote the harmony between the criminals and victims, and fulfill the stability and harmony of the society eventually.ChapterⅡintroduces the current situation about the work of the community correction. To begin with, it sets forth the progress of the community correction from the year 2002 to 2007 in brief. Next, it focuses on the circumstances of experimental work launched in Beijing and Shanghai, containing the work progress, the main characteristics, and the existing problems, with the purpose of studying the work of the community correction at a microscopic level.ChapterⅢanalyzes the current deficiencies in the work of the community correction. This section intends to investigate the problems of the community correction in five aspects with a macroscopic view. Firstly, the defects exist in legislation. Currently, the legislation on the community correction is at a low level, with monotonous categories and poorly designed system. Secondly, there are some problems in terms of the application. Recently, the application rate of the community correction is very low in China, and the application conditions are rigid. Thirdly, the execution also has deficiencies, including the problems regarding execution staff, as well as the problems concerning the process of execution. Further more, the issue with regard to the protection of victim right is concerned. It is worth noticing that the victims, whose entitlements are neglected seriously, have not yet participated in the process of the community correction. In addition, as to the working staff, the number of the working staff is small, the working team is not stable, and their professional qualifications leave much to be desired.ChapterⅣsets forth the improvement means of the community correction with the harmonious thought. There are some specific measures as following: The first one is to improve and innovate in legislation by means of creating community service, designing the programs of victim-offender reconciliation and restitution; The second way is to augment the application of the community correction, increase the application of the probation and the parole in particular, and bring the persons released after imprisonment into the domain of the community correction as well; The third measure is to set the execution organization reasonably; In addition, it is necessary to standardize the professional staff, and improve their qualifications; Last but not least, we should intensify the protection for victims, and assure the fulfillments of their basic entitlements. All the specific actions above reflect the harmonious thought, for the purpose of seeking the perfect harmony among the offenders, the victims and the society in essence.