On The Predicament And Outlet Of Community Correction In China

With the evolution of human justice of civilization, that the non-custodial punishment is graduallyreplaced by the penalties of imprisonment is definitely the inevitable tendency of history. As a variety ofpenalties, community Correction, matching along with the incarceration of an execution, originated fromthe common law system countries, such as the United Kingdoms, the United States and some other Westerncountries. Community Correction have thrived with the process of socialization, humanization, andleniency of the penalty, reflecting that the systems of punishment in most of the countries is transferredfrom imprisonment treatment to the community treatment and embodied the law of history that penalties isgetting low and light. In order to adapt to the historical trend of socialization and humanization for penaltyexecution in the international community, to push forward the reform of China’s punishment executionsystem, to meet the needs of the criminal policies from harsh to leniency, in the early21st century, Chinahas carried out the experimental work of the Community Correction. With the effort made in the past tenyears, there are great achievements in Community Correction, which has played an active role in judicialpractice. However, restricted by the national conditions, community correction, as an exotic, is ratherdifficult to adapt to the special economic, social and cultural environment of China. Therefore，at present,the development of community correction is still of low level in general in China and facing a considerablepredicament, which calls for reflections on the actual situations of the country to optimize and find a newway-out.This paper attempts to the concept of Community Correction, the existence of the theoreticalfoundation and community correction for historical reasons and background research, starting from thepilot implementation of China’s community correction realities. Analysis of the existing difficulties andproblems of China’s community correction pilot work to clarify the status of the constraints of thelocalization factors of community correction, and absorb the successful experience abroad, combined withtheir own unique political, economic, cultural and other characteristics, the development of CommunityCorrection to seek new way and further improved.In addition to the introduction and conclusion, this paper is divided into four parts.Part I: The basic theory of the Community Correction. The first part analyzes the concept of community correction and the connotation as well as the definition of Community Correction, attempting tohave a correct understanding of community correction. Secondly, to sort out the theoretical basis of theCommunity Correction at home and abroad, Humility of the humanitarian of criminal law, penalties,education, penal theory and criminology, labeling theory, and on this basis, the rationality of CommunityCorrection. Finally, to clarify the historical background and the reasons for the Community Correction byreview the history of the Community Correction, to further explore the law of development of the reform ofexecution system, to provide a reference for our current execution system reform.Part II: Analysis of Community Correction. This section discusses two issues:(a) CommunityCorrectional Work status quo;(b) The legislative status quo of China’s community correction. The mainpart describes the overview of the work of this stage of China’s community correction pilot, as well as thestatus of legislation of our country on the Community Correction to lay the foundation for the analysis ofthe plight of community correction in our practice.Part III: The plight of the community correction in our practice. The part is on the basis of presentsituation of China’s community correction, mainly from the six aspects of traditional culture, the publicidentity, social structure, economic development, missing and discourse of system on community correctionpredicament in our practice, the misdemeanors culture and retribution thought deep-rooted lack ofrecognition of the broad masses of the people on community correction, suitable for the lack of the socialstructure of the Community Correction, the transition period of economic development constraints and lackof legal system, community correction, the lower end of the management system of community correctionimplementation hinder.Part IV: Outlet and perfection for Community Correction in China. This part is about to makesuggestions on the formation of Community Corrections from the perspectives of microscope and macroperspectives based on the analysis on the special economic and social conditions of China, in the purposeof changing the punishment execution theory to abandon the belief of severe punishment and constructionof qualify judicial personnel for Community Correction.