Legislative Study Of Community Correction

With the development of mortal civilization, every country is committed to the reformation and innovation of penalty system. Community Correction is one kind of sanctions which doesn't throw the criminals into prison. It is also a penalty measure develops fleetly all over the world at present. This kind of sanction is positive for the social security and the criminals themselves.The United States, England, Japan and Germany have built the Community Correction system in their criminal legislation. This system is being developed and perfected constantly, which is very perfect at present.In 2002, China began to the practice of Community Correction. Several years later, the practice has good effect in our country. With the deep practice of Community Correction in China, the contradictions between the criterions of experimental units and the rules of Criminal Law have unfolded. These contradictions and conflicts totally lapse from the development of the Socialization of Penalty Execution and the construction of Community Correction in China. The fundamental way to solve these conflicts is combining the references to the legislative experience of other countries and districts with the current implementation of Community Correction in China, and then establishing a Community Correction Law which accords with our country.Apart from the preface and epilogue, this paper is divided into four parts, altogether more than 30,000 words.Chapter 1 introduces the concept, characters and theoretical basis of Community Correction. The advent and development of Community Correction are the result of social development. The theories of different fields and levels support the practice of Community Correction on time and another. These theories and ideas interact; deeply strengthen the rational basis of Community Correction. This paper arranges the theoretical basis which is most suitable for our country on the basis of many kinds of theories and ideas. With regard to the definition of Community Correction, different scholars have different comprehensions; generally include the theory of criminal implement, execution, treatment and category. The characters of Community Correction are different because of the different definitions. This paper agrees with the definition of the theory of treatment. According to that, proposing theuniqueness of Community Correction------the dualism in character, thecomplex character in function, the moderation in level and the community cooperation in process.Chapter 2 is focus on the introduction and analysis on the legislative experience of other countries and districts. This paper does an overall research on the legislation of United States and Japan whose Community Correction Systems are much maturer than that in China. Hong Kong and Taiwan as a part of China, their legislative experience on Community Correction is very useful and important for Chinese legislation of Community Correction.Chapter 3 introduces the forms and content of Chinese Community Correction criterions, and then proposes the main problems about Chinese Community Correction system. Although Community Correction is still in experimental stage, the popularity of Community Correction is a certain trend. This paper sums up the definition, scope of application, implement subject, measures and procedures in current criterions, and then proposes the disadvantages in the process of building Community Correction system, for example, the kind of correction is less, the implement system is imperfect and lack of the right-protection for the corrective object.Chapter 4 expounds the necessity of Community Correction legislation in China, and proposes the basic framework of Community Correction Law. Through the analysis of the necessity and choice of Chinese Community Correction legislation, this paper proposes the legislative thoughts of Community Correction Law. Community Correction Law generally includes six parts, the first part is talking about the general rules, the second part is about the agencies and organizations of Chinese Community Correction, the third part is about the procedures of this work, the fourth part is about the measures and the management of corrective object, the fifth part is about the management of the missionaries, and the last part is bylaws.