| China’s" criminal law amendment (eight)" will be formally written into law of community correction, the community correction penalties spread widely in China to provide legal safeguard. But the community corrections penalty measures in China as a new way of penalty execution, exists in our country’s history is very short, in the legislation and the judicial practice there are still many problems.For our country exists generally to thieves implementing community correction measures, although the theft correction obtained certain result. But in the process of implementation, there are also some problems, such as community residents due to the theft of bias, is not willing to accept the thieves in the community correction in community correction, on the theft of rejection. Laws against theft for community correction does not perfect, such as the implementation of the community correction mechanism of theft by uncertainty about the public security organs, procuratorate, court, judicial administrative organs and, between them the division of labor and cooperation also made no provisions for them, the communication and cooperation is very bad. The law also does not provide for the theft of the community correction work personnel as well as the source of their sources of salary and payment regulations, this leads to the community correction work staff is insufficient, personnel quality is not high, it is also very difficult to ensure that the thieves are ideal correction. Community correction plus the social groups and community volunteers do not actively participate in community correction, on the theft of ineffective supervision, so that the theft of community correction can be carried out smoothly. Aiming at these problems, this paper first introduces the foreign community correction system, then analyses the theft set community corrections penalty measures obtained result, and still exist what aspect insufficiency, proposed finally how to solve the related problems. |
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