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Study On Community Corrections Specific Implementation Of China

Posted on:2013-02-14Degree:MasterType:Thesis
Country:ChinaCandidate:F WangFull Text:PDF
GTID:2216330371484126Subject:Criminal Law
Abstract/Summary:PDF Full Text Request
Community Corrections, the system and the method prevalent in western countries in20th century,was intended for Community-based corrections and has been affirmed and advocated by the Organization of the Prevention and Control of Crimes of the U.N. Community Correction from Western society, but in the transformation of Chinese society, it can find suitable soil to cultivate the system. The Chinese nation is to be tolerant to diversity and to be into the world, all reasonable system available for our use. In the field of criminal law, with China's human rights protection system to further establish, the criminal policy of penalty mitigation is to be understood and to accept by people gradually. It's most direct expression of the "basic legal form of community correction system" of China's Criminal Law is it made the relevant provisions in the amendment in2011. Then in the "Code of Criminal Procedure" on march14,2011, it also made further provisions of the Community Correction. We have reason to believe that the community correction system will be highlighting in the process of revision of the "Prison Law". Community correction system piloted in China more than a decade of history, the pilot provinces and cities have accumulated a wealth of experience, even in the system there is innovation and breakthrough, and has accumulated valuable experience and material for a dedicated community of corrective legislation. Community Correction is only made in the basic criminal law in general and in principle, the provisions in the judicial practice needs further refinement and implementation. Supreme People's Procuratorate, Supreme Court, Ministry of Public Security, Ministry of Justice in January2012jointly issued a specific implementation of measures to regulate the substantive departments of the judicial act of justice.The specific implementation of Community Correction in China need to constantly sum up and improved, but the system created a full rationalization of argument, to avoid unnecessary detours may be in the future implementation process, it can also avoid some unnecessary waste of resources, So it can allow the community correction system into the fast lane, and acquire the healthy and orderly development in our country, community correction system will be able to take root in our country, blossom and bear rich fruit.Community Correction specific implementation to be carried out under the guidance of the right idea to follow the legal implementation of the law, to develop the implementation details of the operational procedures have to comply with the requirements of the Legislative. Specifically, First, it should be legitimacy, that is not illegal; Second, it should be conducive to coordination and cooperation of various departments of the various organs; Third, it can refer to the good experience and practices of other countries, various regions to exchange and learn from; Fourth,it should consider the principle of economy, that is, to weigh the government's financial resources, pragmatic; Fifth, the specific implementation of the Community Correction to be innovative breakthrough in the system. In the specific implementation of the Community Correction, the various procedures and orderly convergence do not have a "vacuum". When the Opportunity and the conditions are ripe, the country also can develop a special "Community Correction Act", community correction can to be the more standardized and orderly.Specific implementation of Community Correction, the executive organization, that is the executive body is the main problems. For China's actual situation and the reference to foreign experience, it Should establish an independent executive agencies, the establishment of an independent executive body in favor of this system of specialization and professionalism, And the most crucial point of its advantages is that the system is able to get the effective implementation of and follow. An independent executive body should be established at the county level of local government, and this is helping to work to carry out, on the other hand help to mobilize the enthusiasm and initiative of the County Government, while also conducive to the protection of the funds. Community Correction funds should be implemented " the provincial level-based, county-level co-ordination, supplemented " mode, and the funding of the Community Correction should conduct an independent budget and final accounts. Community correction to the effective implementation of Community Correction Officer selection and training is an important element of the system, The first is to attract and select high-quality personnel to the Community Corrections, followed by long-term effective training to Community Correction, because it has higher requirements for executive officers. Community Correction in the specific implementation process, the departments concerned should work together, and effective interface, but also mutual supervision, procuratorial organs should give full play to its oversight function in the judicial practice, but also give people a convenient monitoring platform. The relevant legislation of the Community Correction, should also have different forms in different stages of the introduction of legislation, when Community Correction to a certain stage, China should develop a special "Community Corrections Act", The form of a basic law to guarantee the effective implementation of this system, while other organs, including the highest judicial body and the highest executive body should be legal under the premise to the development of relevant implementation rules or approaches.
Keywords/Search Tags:Community correction, Penalty, Penalty of imprisonment, Non-cstodial penalty
PDF Full Text Request
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