Between The Practice Perspective And Deserved Perspective

According to the general said, laws generated in class society. Is legally, then had illegal crime. As a weapon over crime, the physical punishment has lasted for a long time, prison freedom penalty was also assisted, but still failed to solve crime, Second crime rate being also high shows that to solve crime depending on physical punishment and freedom penalty has gone to the extremity, executing criminal punishments still have bigger space to perfect. Therefore, some insights put forward that imprisonment and non-confinement penalty should be comprehensively utilized to reform criminal personnel. In this case, the system of community correction emerged. Corresponding with prison correction, community correction is a new type of penal execution activities which allows the criminals complying with the conditions of community correction to stay in the community, the special state organs, with the help of nongovernmental organizations and society volunteers, correct their fixed determined criminal psychology and behavior habits according to the decision,ruling and decision within the period determined, make them smoothly return society.As non-confinement penalty, compared with the traditional prison imprisonment, community correction has its own unique advantages: it can promote criminals to return the society, avoid crossing infection, rational configuration of criminal penalties resources and reduce expenditure, promote social security into a benign circulation. Furthermore, it reflects the people-oriented view, avoids the view of prisoners from labeled and the negative influence of education correction, pays attention to restorative, more conducive to serve personnel return society better and faster, conforming to the social development trend of history.England, America and other western countries are the birthplace of community correction. In these countries, laws and related regulation system about community correction have been more arguable, scientific, reasonable and gradually mature after years of theoretical argument and practical operation, thus it can provide us very good reference to build and development community correctional system of Chinese characteristic.In China, community correction began to develop only a few years ago, the pilot work of community correction in China started in July,2003. Then community correction becomes the focus of the judicial system reform in China, and the hot spot of the theoretical circles quickly. But, as the long-term view of penalty favorable prevailed in our country, community correctional system was questioned by many people and some scholars. This questioning voice hasn't stopped yet since it was first introduced into our country. Moreover, in the process of community correctional system implement in China, neither the theory nor the practice is fully prepared, there are some difficulties and problems which is urgent to solve. Therefore, it is necessary to further research community correctional system (Especially a community correctional system of Chinese characteristic) in real perspective and granted perspective.This paper through analyzing and researching the specific condition of community correctional system in our country at present, try to find the problems and difficulties in practice, then based on it discussing "ideal community correction" i.e., what kind of a target should community correction achieve, and what ideal community should correction system be like. Then discuss how to transform the ideal community correction into practice in China's conditions, and seek the actual path for community correction of Chinese characteristic.The subject content of this article is divided into three sections except preface and epilogue.Part One: The practice perspective about community correction. In this part, the author researches pilot work of community correction in our country, analyzes the implementation condition of community correction in our country from the macro and micro levels, then summaries the significance of community correction and practice deficiency.Part Two: The deserved perspective about community correction. In this part, the author discusses what "deserved community correction" should be, mainly talk about what kind of community correction methods we should adopt, what kind of a target community correction should reach and what a framework the ideal community correctional system should have.Part Three: The way through which the ideal community correction transform into practice. In this part, the author mainly discusses how to establish and perfect the community correctional system and transform the ideal community correction into practice in China. The paper emphasizes that constitution and system must be made and built, supervision tightened, unity of community correction undertook, community correction legislation on executive power strengthened. In this progress, community construction should be strengthened and the view of law enforcement should be transformed as a specific focus.