Theory Of Community Correction System In Our Country's Legislation

It has been nine years from2003to now, when the experimental work of community correction was formally launched in China. And obtained great achievements in this respect after nine years, therefore we accumulated a large number of practical and theoretical experience. However, as experimental work was deepen, lots of exposed problems can not be neglected. The Most important is the Legislative issues. In China, the legislative bases of community correction are some normative documents and rules for the Implementation from Supreme People’s Court and pilot areas. In May2011, community correction was formally written in criminal law. It was the first time that community correction had been confirmed in the form of law. As while, the defects were that those provisions were too general and principle to be implemented in practice.Based on this situation, the author tries to analyze the status of Legislation and defects of community correction in China. And learns from advanced experience of other countries and districts. Manages to make some recommendations on how to perfect the Legislation of community. correction.on the existing mode in China.Besides the preface, there are four chapters in this paper. Chapter one:the origin of community correction. The focal point is the clarifying of the definition of community correction. Through the comparison between the Scholar and the offical definition,The author thinks that the official document has the scientific nature and rationality. and also agrees with it. in addition, based on the elaboration of community correction’s characteristics and functions. It explains that community correction has important position in the execution of penalty in our country. in order to reflect the importance to perfect the current legislation of community correction. Chapter two:the status of legislation and legislative defects of community correction in china. this part summaries the defects in it through the introduction of community correction’s present situation. Chapter three:the Legislative Situation and comments of community correction in foreign countries and districts. And summaries useful experience for our legislation for refrence. while learns from the experience of these countries and districts. Chapter four:Based on above issues, Comprehensive proposal of Community Correction will be made. And takes full account of China’s national conditions, conbines with the advanced experience of foreign countries and Taiwan, makes some recommendations on Community Correction, also community based correction.