| Since the pilot community correction system in China is widely concerned, many scholars have studied this system and achieved lots of research results, but few study the rights of community correction objects. With the development of international cause of human rights, the proposing of socialization of execution and penalty humanism, and the deep developing of our concept" People-oriented, achievement of man’s all-round development.", it is on longer sensitive and complex to protect the rights of community correction objects. Now, community correction system in China is still in its pilot phase, the corresponding legal systems are imperfect, so studying and protecting the rights of community correction objects have special significance.Humanitarianism of punishment, execution civilization, guarantee of human rights and realization of the socialist rule of law are the theoretical value of legal protection research on the rights of community correction objects, and its practical significance is to realize the purpose of the penalty. The legal basis of the protection of the rights of community correction objects has the international law and domestic law two aspects. The international law basis is mainly reflected in the international convention of human rights. And domestic law basis is reflected from the constitution to the criminal law, criminal procedure law and some relevant laws. At present, there are many problems in legal protection of the rights of China’s community correction, legislation defects, less rights but more obligations of community correction and less operability; it is difficult to really carry out the protection of community correction rights because of less supervision; the imperfection of legal remedy system. There are five aspects to perfect China’s community correction system:the legislative, judicial, law enforcement, legal supervision and legal relief. From our country practice and theory for the community correction and related legislation, it’s necessary to establish a "community correction law". The law not only sets the specific content of community correction objects rights, but also takes into account the practical operation. In the judicial practice, it should protect the community correction objects prosecution right, right of appeal and related civil rights. It is necessary to implement laws and regulations. Among them, it is very important to improve the quality of law enforcement community correction workers mainly from ideas and expertise two aspects. And from Legal supervision aspect, the Legal supervision of community correction system can be perfected from perfect legislation, to renew the idea, fulfilling duty, abundant means and establishing conversation system five aspects. To establish and perfect the security community rectifies the object of the legal remedy system includes:perfecting open process of community correction system, establishment of community correction system of grievance, establishment of civil arbitration nature of the "Community Court" mediation system, improving administrative relief system improving criminal relief system, and perfecting the legal aid system these six systems.This paper discusses the perfection of community correction protection system with a comparative study, literature study and induction analysis method and wishes it can promote and better realize China’s community correction protection system. |
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