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The Improvement And Prospects On China's Current Community Corrections System

Posted on:2012-04-26Degree:MasterType:Thesis
Country:ChinaCandidate:J PanFull Text:PDF
GTID:2216330371953180Subject:Law
Abstract/Summary:PDF Full Text Request
Community corrections system in China is only to implement the new system in recent years. Through years of trial, the rapid development of community corrections work, try expanding the scope of correction, correction of the number is growing. From positioning point of view, the community correction system is corresponding with the imprisonment penalty system based on the form instead of the original non-custodial prison sentences, the implementation of punitive measures. But in the trial process, legislation and practice still exists much controversy. This paper and practical work from the author, holds many lessons for community correction system for analysis, research, and improve the system of its own proposals.There are three chapters as follows:Chapter One gives an overview of the community correction system. Firstly, a brief introduction of the basic concepts about the community corrections. I first start with the concept of community, the concept of community must be introduced. As the world community correction system for understanding and level of development is different, the concept of community corrections system to explain and elaborate vary. From the main theory point of view, the concept of community corrections that can be divided into broad and narrow sense, China is currently used in a narrow sense, the concept of community corrections, which provides that Community Corrections is correct relative to the execution-style prison, is to meet the conditions of community corrections offenders placed in the community, by the special social groups in the relevant state organs and civil society organizations and volunteers with the assistance of the decision, determination or decision within the time limit established, correct the criminal mind and behavior habits, and to promote their successful return to society of non-custodial sentences implementation activities. Secondly, an introduction of the community correction system in the history and the development of the world's major countries. At last, the basic concept of community corrections and value for the set, thus, we can see that it is based on its combination of Correctional Services, respect for human rights, embodied the spirit of Criminal Law of the basic concepts and values, community corrections system in the world national legal systems, according to the historical process always have a place, has been the development and innovation, and also, therefore, changes in our criminal justice philosophy, practice the policy of combining punishment with leniency in criminal justice today, the community correction system is particularly striking, being more and more human attention and discussion.However in China's current community correction system, there are still many problems.we must pay more attention on it and improv it. In the second chapter, I analyze on China's current problems in the community correction system with my own work and try to propose some solutions. China's current system of community corrections from the point of view, primarily in the following most of the problems: first, the absence of legal basis, reflected in the actual implementation, the lack of a clear, detailed rules for the operation; second, implementation of the main location is unknown, laws and regulations for the implementation of the main provisions of community corrections are not the same; the third, the scope of regulation is unreasonable correction; fourth, the development of community corrections system problems: first, because of China's various regions to carry out the second community corrections system, community corrections uneven level of law enforcement professionals, community corrections team needs to standardize and improve the level of law enforcement; again, although the community corrections have tried a few years, but under the ideological influence of the traditional criminal law, public and judicial understanding of community corrections, there are deviations; final , correction is too simplistic, heavy regulatory expense of education. Subsequently, the writer's earlier problems raised by some countermeasures. I think we can explore the following aspects, solution to the problems:firstly,clear the main judicial organ for the implementation of community corrections;secendly,increased procedural requirements to protect the legal basis for the implementation of community corrections;thirdly,it is recommended to correct the object domicile community corrections for the correct manne;fourthly,additional community service sentence;fively,set the penalty eke system;at last,community corrections and improve professional ranks.Chapter Three is mainly on the future prospection of our community corrections system.Firstly,We can reform the education through labor system With the community correction system. I believe that education through labor system has played a huge role in China's historical development, but with the unprecedented development of the times it being questioned and criticized, it is necessary to reform. With my own work, I believe that we should decompose the education through labor system, some should be joined in criminal law, some should be joined in the Public Security Administration Law, the others should be developed a special legal regulation, while the revised regulation for the use of personnel and premises must analysis. Secondly,we can solve some specific crimes in the use of the community corrections system,such as the crime of the pregnant women and the women with her son under one year old , juvenile delinquency, and the criminal behavior of people suspected of anti-AIDS. Finally, I give my own view on the legislative system of community corrections model.
Keywords/Search Tags:community correction, Non-custodial sentence, Perfect, prospect
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