Research On Rural Community Correction In China

The discipline indicated from the historical evolution progress of punishment is transiting from commonly applied corporal punishment and capital punishment to the modern imprisonment with free punishment centered; and then transiting from imprisonment to the middle criminal law, such as fine, probation, suspended substituting punishment, etc. and socialized execution. Community correction has been developing rapidly in Britain, the Unites States, and other countries because it is compatible with the philosophy of Educational Punishment, Socialized Execution, etc. while the same is still a new thing in our country. The Amendment to Criminal Law (VIII) effective on 1st May, 2011 in our country first specified the legal status of"Community Correction". With the implementation of urban community correction in full swing, vast rural areas also begin to carry out community correction to a great extent but with a lot of problems in the real implementation. The author studies the problems by the methods of positive analysis, comparative analysis, etc.At present, our country is just at the critical time of social transformation. The crime rate by rural population remains very high because of explosion of social conflicts. As community correction is being implemented in rural areas, it plays an important role in reducing execution costs, improving the quality of reform through education, preventing and reducing relapse into crime, changing negative factors to positive factors to the greatest extent, and maintaining social harmony and stability.The paper is divided into four parts.The first part represents the overview of rural community correction. The concept of rural community correction is first analyzed, and then the characteristics of rural community correction are analyzed from penal sanction, non-imprisonment, the participation of society (community), restoration and humanity, and other aspects. At last, the significance of rural community correction is introduced, and full implementation of rural community correction is considered to be advantageous in overcoming the drawbacks of imprisonment and improving the quality of reform through education; in reducing execution costs and allocating resources reasonably and; in promoting the execution system of our country to integrate into the world system.The second part introduces the basic content of the rural community correction currently implemented in our country. With the analysis of the rural community correction condition in China, the cooperation between departments, work teams, working measures, system of standards, legal environment, expenditure guarantee and other related conditions in rural community correction in China are introduced in detail combined with the surveyed materials on Yushu City by the author and the running condition of community correction in other rural areas.The third part is the study on some problems arising from the rural community correction system currently implemented in China. Based on the inspection on the running practice of rural community correction, a lot of problems from rural community correction are analyzed in this chapter, such as: the wrong way of understanding in rural community correction by the public, and the deep-rooted idea of severe punishment; the strength of work teams in rural community correction is weak and degree of specialization is also low; in the implementation process of rural community correction, the cooperation between departments is required to be enhanced; the legislation for rural community correction in China is imperfect resulting in the disputes in its scope of application and law enforcement bodies; some working measures in rural community correction are vacant during implementation; expenditure guarantee for rural community correction is not in place. All the problems above restrict the implementation of rural community correction severely.The fourth part talks about the suggestions for perfection of rural community correction in our country. Through analyzing the current situation of rural community correction in our country, and after combining the basic theory of community correction and borrowing advanced experience overseas and from relevant areas in China in connection with those problems, the author holds that the following measures can be taken for the perfection of rural community correction in our country. The author thinks that there are unclear provisions in the Law of Criminal Procedure (Draft) and proposes some suggestions on legislation; the vacancy of Community Correction Law is disadvantageous in solving the problems restricting the development of community correction in our country, which is supposed to be paid more attention by legislation; since the strength of work teams in rural community correction is weak, some feasible comments on enhancing its construction are proposed; the degree of cooperation between working departments for rural community correction system is not enough, so the author offers some strategies from the aspect of operation to enhance the understanding of each department and coordinate the cooperation between departments; the working mode of"trinity"is recommended to be established so to improve the working efficiency of rural community correction; the current concept of punishment in our country is relatively backward, so a series of measures are recommended to be taken to update the concept of punishment and to build the spirits of rural community correction; at last, some suggestions and comments on how to establish a perfect fiscal guarantee system are proposed.