On The Nature Of Community Corrections

As a type of penalty system drawing lessons from overseas expertise,community correction is a fresh sttempt in our country.In order to mix together with exiting punishment regulation of our country,we need practice and explore constantly. Some departments and scholars have magnanimously researchde the issue,and aquired plentiful achievement.But the character of community correction lacks special demonstration. So,they unble reveal how the character of community correction affect the installation of the system.According to the develop history and present situation of external system of community correction,we can hear that community correction manifest two forms as penalty sort and execution means.In our country,the branching about the definition of the character of community correction exist. Mostly include aeveral viewpoints such as "punishment for ensuring public security","community task","substitation measure"and so on.These standpoints lack rationality in cognizancing the character of community correction.And the discussion focus on whether the community correction is penalty sort or execution means.According with the fact of our country, community correction should be acted as execution means of punishment.This standpoint is also reasionable in the abstract.As the execution means of punishment,community correction must contact with the original system of punishment.Generally speaking,penal sentence is the precondition of community correction.In fact,that limit the range of community correction.In order to avoid abusing community correction,we can not enlarge the scope of it arbitrarily.It is unreasonable that bringing temporary excution outside prison into the range of community correction. Community correction has great significance in improving and practicing the function of penalty when acted as the execution means of punishment.When the penalty sort keep steady situation,the innovation of the execution means of punishment is very important to cater to the change of penalty ideology.Since the character is ascertained,the system of community correction shuld answer for it.Some contents of actual system can not coincide with the character.The nation shoule set up uniform executive department,and should not dissever a uniform function of execution into two parts and executed by two or several different departments.because the correction is the executive means ,it's exertion should not be determined dy the court,but by the executive depardement,which can review the characteristic of the malefactors.In order to regulate the decision and execution of the correction,the logical law of procedure should be constituted.