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On Construction Of Community Correction Procedure Of Our Country

Posted on:2013-03-25Degree:MasterType:Thesis
Country:ChinaCandidate:H L GuanFull Text:PDF
GTID:2246330371499688Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
Community correction is a new mode of criminal penalty execution developed as a result of mitigating criminal penalty and socialization of punishment execution, which refers to a kind of criminal penalty execution that carries out punishment on person serving sentences in community and provides correction and service projects to facilitate them to return to society. The community correction has been implemented for almost9years since initiated on2003, and it has achieved remarkable results. The community correction system of our country becomes more and more mature through development.:the Amendment VIII to Criminal Law incorporated community correction into law for the first time in2011, then the Implementing Measures on Community Correction was officially came into effect in March2012; in addition, the community correction was expressly introduced into the Criminal Procedure Law in2012. Practice shows that, the implement of community correction system plays a role that cannot be ignored in redeeming and correcting criminals gone astray and in maintaining social stablility and harmony. However, for lacking of integrated and detailed procedural legislations of high level, there are also a lot of setbacks during the practice of community correction. Currently, the construction of community correction procedure in our country is under exploring, and it is undoubtful that the legislation concerning community correction procedure will be brought to the table; therefore, the author gives emphasis to the concrete construction of commuity correction procedure of our country in the following discussion.Community correction procedure refers to a kind of legal action that community correction authority rectifies persons serving sentences in community in accordance with the time limit and time sequence provided by laws and in accordance with legal process, means, methods and relations, in order to facilitate them to return to society, The procedure applies to five kinds of criminals, i.e. criminals subject to control, suspension, temporary serving of sentences outside the prison, parole and deprivation of political rights, and serving sentences in the society. Community correction includes not only supervision and education of the correction object, but also protection of the legal rights and interests of them.Community correction procedure has independent value. First, the scope of power of each authority is explicitly defined, obtaining the utmost out of the deterrence effect of procedure to achieve the restraint on the use of power. Second, community correction procedure could effectively protect the legal rights and interest of the correction object and victimes. Third, the procedure supplements the insufficiency of non-prison implementation means of criminal punishment, facilitaitng the completion of ciriminal punishment implemention system in our country. Fourth, the procedure will be carried out according to unified process, method and time limits, which will realize ordering of community correction, cut the cost on criminal punishment implemention and increase the effectiveness of correction.However, compared to other countries, there are still a lot of problems existing in the community correction procedure of our country. First, the community correction procedure lacks of sufficient legal basis; second, the implementing authority is not clear; third, the procedural provisions of community correction are in deficiency, and the legal procedure construction of community correction has significantly lagged behind. Therefore, to perfect the community correction procedure setting of our country and establish a set of integrated, scientific, just and orderly correction procedure is inevitable. The author believes that two aspects should be addressed to complete the setting of community correction procedure:First, the community correction authority and the implementation of correction shall be specified. The author believes that an authority shall be designated to administer and coordinate community correction from the macroscopic view, and judicial administrative department shall undertake routine works such as correction, administration, education and supervision as implementing authority, and the public security department shall cooperate during the procedure.Second, a full set of procedural stipulations regulating community correction should be constructed. For example, before making an judgement or determination of pre-trial evaluation procedure shall be conducted by a specific authority on the correction object; people’s court shall make its judgement or determination based on the evaluation and according to law; the correction object shall report to the judicial administrative authority in his domicile within the time limit, and the local office of justice shall carry out the administration and supervision of the correction object after the object and relevant instruments has been delivered and accepted by the judicial administrative authority; correction shall be revoked or removed when the object satisfies certain conditions; relevant remedy shall be granted to the objects according to law when their rights and interests are compromised, etc. All of these shall be regulated by unified legislations of high level, and only under this condition can the community correction be implemented orderly and achieve the anticipated aims.
Keywords/Search Tags:community correction, procedure, value, pre-trial evaluation, supervision, remedy
PDF Full Text Request
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