A Study On Classified Management Of Community Correction

Strengthening community construction is an important part of constructingsocialistic harmonious society because community is the basis of society, thuscommunity correction is a crucial function of community construction. Communitycorrection, which is also called community treatment, is a new treatment comparedwith traditional imprisonment punishment to treat criminals, which refers toremoulding and educating criminals with full use of community resources in thesocial environment integrated with government functions, especially for thosecriminals with less subjective malignancy and social harmfulness. Criminal mentalityand behavior are corrected in the community through various mandatory means inmanagement, education, voluntary labor and so on, aiming to encourage thosecriminals to be back to social non-imprisonment penalty. In the current Chinesecommunity correction practice, there are lots of “one size fits all” situations in whichthere is unified model of management without distinguishing correction target, thosesituations will cause some dissatisfaction and resistance of different types ofcorrection targets to the correction policy in mutual comparison due to ignoringindividual characteristics of correction targets. Meanwhile, it is unscientific that theexecution resources put in community correction are not reasonably optimized ifsome individual situations are treated in the same way. It is a waste of resources tosome degree. From another point of view, this shows that the cost put in communitycorrection does not gain the corresponding benefits. Under this circumstance, theseresources are useless cost and can not achieve one of the aims of communitycorrection, which is to reduce pressure of prisons, save the labor power, material andfinancial resources related to prison management, aiming to focus executionresources on criminals. Classified management of community correction is exactly agood way to solve this problem. Moreover, the problem of lacking adequate strengthin community correction is common in current China. This problem can not be solvedin a short period of time, therefore classified management should be used to gettwofold results with half the effort with available resources and avoiding weaknesses.Through classified management, the control network for criminals can be extendedfrom prison to society, which can perfect the prevention and control system of society,and have a far-reaching influence on strengthening and improving comprehensive prevention and control system of social security further and improving managementefficiency of community and persons serving sentences. As a new system ofexecution, the legal status of community correction is established with the regulationsrelated to community correction in Amendments (VIII) to the Criminal Law and themodified Criminal Law as well as The Implementing Measures for CommunityCorrection released by the Supreme People’s Court, the Supreme People’sProcuratorate, Ministry of Public Security and Ministry of Justice, marking thatcommunity correction has entered into a new developing period. How to performcommunity correction well is a new subject in front of us. With the concretization ofcommunity correction, classified management of community correction reflectsmodern management idea, and it uses different management methods to differentcriminals with the support of individual prevention theory of criminal penalty, whichmakes the management of community correction more targeted and avoids crosstransmission among different types of criminals. The urgent problem that needs to besolved is how to classify criminals in a scientific and appropriate way. In the pastcommunity correction practice, there are different standards for correction targets inall countries. Some countries take the dangerousness of correction target as standardwith the consideration of the possibility of recidivism for correction targets; sometake criminals’ needs as standard, this method can classify criminals through theanalysis of criminal causes and motives and finding their special needs as well astaking the need for remoulding into consideration. Some take the adaptability ofcorrection projects to correction targets as standard with the main concern of thematching conditions. In the current general international practice, criminals’ personaldangerousness is taken as the standard of classified management. Personaldangerousness forecast and personal dangerousness assessment for each target areneeded in a scientific way in order to evaluate the danger level of each communitycorrection target. Therefore corresponding correction measures can be takenaccording to their danger levels. In China, classified management of communitycorrection is still in exploration stage. Although there are relevant regulations in someprovinces and cities such as Beijing and Shanghai and these regulations are applied inpractice, it needs further reform and innovation for the scientific classification ofcommunity correction targets and specific management education according to theactual situation in China, which can improve the effects of community correction.Three aspects are analyzed in this thesis, they are the theoretical basis, legal basis of policy and practical significance of classified management of community correction,the analysis of classified management of community correction in different stages(including personal dangerousness forecast, personal dangerousness assessment andthree stages for risk management of correction target) and concrete implementationmethods for current classified management of community correction in China.