Discussion On China's Community Correction System

Community Correction is the important component part of System of Punishment. It also reflects that Punishment is changing from severe to light. Community Correction reflects the inherent law of System of Punishment. Traditional System of Punishment giving priority to custodial sentence is gradually replaced by Community Correction which gives priority to non-custodial penalty. Community Correction, a new execution of Punishment, has been widely used in the world. Especially in the developed countries, Community Correction has been developed considerably mature. Many countries have settled the Community Correction System in the enactment of criminal law and justice, like United States, United Kingdom Japan, etc. Community Correction, supervised by specialized agencies and personnel and participated in by related social organizations, which is currently explicitly defined in the law, and is applicable in many kinds of punishment, has become a comparatively complete law system. It has standard correction measure and can produce an ideal effect on the carrying out of the sentence. Our country also complied with the development of Punishment and tested out Community Correction System in October, 2009, according to the current social condition. Although we have scored achievements and gained experience, we also face with many questions. For example, the old concept of Punishment, the omission of relevant laws and the critical shortage of professional correction staff have severely restricted the development of our Community Correction. Therefore, we should develop and make it perfect with our scientific attitude and innovative courage. This thesis analyzes the questions existing in China's Community Correction System and the causes to these questions through analyzing legislation and practice of Community Correction in foreign countries. On this basis, this thesis puts forward some suggestions and thinking to the uniformed construction of our country's Community Correction.This thesis is made up of introduction, epilogue and four chapters.First, the basic introduction to the theory of Community Correction. This part mainly introduces the origin, concept and characteristics of Community Correction and analyzes in detail some concepts of Community Correction, in order to make clear some basic problem of Community Correction with which the following text can better probe into the theory and practice of Community Correction.Second, the basic analysis of the theory of Community Correction. The development and changes of any system are inseparable from the support of the theory. The basic theory is the lead of the practical system. Therefore, in order to research about the Community Correction System, we should have the theory as its fulcrum to guide the running and development of Community Correction. This chapter explains the necessity of Community Correction through the illumination of the theoretical principles.Third, the current situation and our reference of the overseas Community Correction. Many countries in the world have realized the significant role of Community Correction in the System of Punishment, so laws in many countries have the provisions of Community Correction. However, the development of Community Correction System in these countries is not balanced. I believe that the reference of legislation work and practice of the overseas Community Correction can help make the legislation work of our country's Community Correction perfect.Fourth, the concept of institutionalization of our Community Correction. This chapter puts forward the measure to the reform and perfection of Community Correction through analyzing about the status quo and the existing questions of our Community Correction. Is also suggests to establish and perfect the stages of full of Chinese characteristics of Community Correction criminal law. I think that at present, when the relevant laws are not in the place, our country could take the perfection of some related matters into consideration in order to establish the foundation of the legislation work of Community Correction.