Application And Perfection Of Risk Assessment Mechanism In Non-custodial Penalty

Socialization of sentence execution and Criminal policy of combining punishment with leniency, as well as penalties for Mitigation and so on have a strong appeal to the application of the non-custodial penalty. Whether to referee non-custodial penalty and how to adjust the correction reform measures according to the changes in criminals and other circumstances during the sentence execution should be focused on when applying the non-custodial penalty,which in fact requires risk assessment on the criminals, providing the basis for it. The article is based on this to propose the concept of risk assessment of non-custodial sentence, and divides the risk assessment into pre-sentence risk assessment and correction of risk assessment according to the different stages that the non-custodial penalty applied. The former refers to the related factors of criminals that can be applied to the non-custodial sentence investigation and analysis, providing a reference for the referee of cases; the latter refers to the process of Community Correction, to assess the transformation of criminals, social environment changes, and so on, providing a reference for the adjustment of corrective measures. By examining the experience and lessons of pre-sentence risk assessment practice and the correction of risk assessment experience, analyzing the legal basis as well as the needs of risk assessment in the judicial practice, putting forward targeted measures to solve the problems in practice such as the uncertainty of investigators and the main element of assessment and stiff of evaluation stage and so on.Finally, pointing out the need for dynamic structural assessment and attention to privacy and other issues in the assessment process.