A Study On Improvements Of The Legislation Of Community Correction

Since the 1960s, Community Correction was formally proposed, it hasdeveloped and improved continuously all over the world. Especially in Europe, USA,Japan, Australia and other developed countries, the Community Correction systemhas been quite mature both in theory and judicial practice. Although since the lateQing Dynasty, China has introduced probation, Community Correction, as anindependent concept, was not applied to practice in some areas until 2003. Thus,Community Correction in China is completely a new object.Not only the differences in national conditions, culture, the legal background andlaws, but also the controversy in legislation and practice of Community Correction,its concept can not be unified at home or abroad, on theory or in practice. In 2004, theMinistry of Justice gave an official definition to Community Correction in itsdepartment executive standards. Community Correction is essentially a means ofpenal sanctions, with the characteristics of non-custodial, community involvementand relaxation. This thesis regards the legal property of Community Correction as acombination of punishment and execution system.On February 25, 2011, the 19th meeting of the 11th NPC Standing Committeevoted through the Eighth Amendment of Criminal Law, in which“CommunityCorrection”was clearly written down. This is a summary and approval of theexperience of Community Corrections and also provides the fundamental legal basisfor the future working of Community Corrections. It is a great issue of realisticsignificance between the proceeding and the following. However, the related articlesof the Community Correction in this amendment is very principle, so that there is andcan be no detail articles of the fundamental problems such as what is and how toexecute Community Correction, ect.. In March 2012, the Supreme People’sProcuratorate, the Supreme People’s Court, the Ministry of Public Security and the Ministry of Justice jointly issued an article—Executive Way of CommunityCorrections to clear the implementation of Community Correction, such as theexecutive subjects, procedures, supervising, the rights and obligations, etc., whichbrought up the operability, order and stability for the practice of the CommunityCorrection work. The recently revised Law of Criminal Procedure recognized thelegal status and the nature of Community Correction again, but not made morespecific stipulations. Hence, there are still many problems that need to be improved:First of all, to build a reasonable structure of clear grades and responsibilitiesfrom the Central to the local departments to execute Community Correction. To setup Community Correction Bureau, local Criminal Executive Committee, CommunityCorrection Department and the judiciary as the professional institutions ofCommunity Correction. And the executive staff should include the CommunityCorrection Officers, the working units or schools of the criminals, communityassistant organizations and community volunteers, who directly educate, help andreform the criminals or do some organization and assistance.Secondly, in the Eighth Amendment of Criminal Law, the criminals ofCommunity Correction do not involve the criminals ousted political rights andcriminals temporarily executed outside the prison, which is more reasonable.However, the scope of the Community Correction objects should be expanded to thesuspectives of non-prosecution for discretion, the suspension of prosecution andcriminals commuted to the fine sentence.Thirdly, to improve the system of investigation in the pre-judgment, to establishthe hearing procedure, and to determine the principle that the habitual residencesmainly have jurisdiction over criminals of Community Correction with places ofregistered permanent residence supplementing. Moreover, to refine the criminals’behavior norms and to establish a reasonable system of reward and punishmentevaluation.Finally, to accelerate the pace of legislation to build a reasonable and feasiblelegal system of Community Correction: the Community Correction Act—the corelaw；Criminal Law and Law of Criminal Procedure—the basic laws；thecorresponding implementing regulations—the guidelines to the implementation；the administrative rules and regulations, local regulations and other normativedocument—an important complement. To promote and strengthen the legalinstitutions in order to make a legal guarantee basis of Community Correction.As a serious criminal enforcement activity, Community Correction must besupported by legislation. The problems in the current Community Corrections, inessence, are inevitable legal conflicts brought about by the lag on the relatedlegislation. Therefore, we should totally understand the importance of CommunityCorrection in criminal punishment and reform, and give full scope of the judicialfunctions by improving the legal system of Community Corrections so as to promotecriminals’return as well as the construction of a harmonious society.