The Native Practice, Predicament And The Outlet Of Community Correction

Community correction as one of the criminal enforcement mode is a parallel non-imprisonment execution with imprisonment. Accompanied the world trend that the penalty becomed from barbarism to civilization, our country is also began exploration in the two aspects of theory and practice at the end of the last century. The pilot began in2003, nationwide pilot in2009, written into the criminal law amendment in2011, ormally implemented nationwidly in May2011.Either in theory, the legislation or in practice, community correction has already made the formed a relatively mature and complete system in foreign countries. But in our country, Although community correction has been written " despite the amendment to the criminal law (eight)" and the new " criminal law ", but the system is far from perfect. Under such circumstances, China’s community correction is bound to face a variety of difficulties, problems, defects and shortcomings. But it is a a major reform that the system of community correction is introduced to the area of our country criminal execution, it not only relates to the reform and perfect of the way of performing penalty, but also will involve the revisite and change of the original purpose of punishment, criminal law concept, having very important theory significance and the practice value.This article based on the empirical study, and the related theory, the community correction work practice mainly in Weihai as the study objects, the judicial administrative departments carryying out the community correction as the focus, through the extensive data collection, interview, survey research, statistical analysis, in-depth analysis of the problem, difficulty and insufficient,of community correction work in practice, analysis of causes of insufficient, and expanded to large, put forward to perfect the proposal of China’s community correction system, at the same time, put forward specific suggestions in view of the Weihai city community correction work for reference.One, the history and current situation of community correction in China. It does not have a real sense of community correction system in old China, during the war of resistance against Japan and after founding a state until the " criminal law amendment (eight)" through before, our country is only budding and rudiment of community correction system. Since2003the community correction pilot,2011ommunity correction was written to criminal law by " criminal law amendment (eight)". In2012the new " criminal law " provisions of regulation, probation, parole, and other criminals into community correction. Weihai city started the community correction work in2007after two chambers and departments decided to expand the scope of the pilot.5years after that, community correction is made by certain social and legal effects along with the community correction legal perfection and practice increasingly rich experience. Two, analysis difficulties and deficiencies of the community correction work Taking community correction in the city of Weiha for an example of study, the research conclusion is:first, the community correction system supply deficiency, so that it can be applied to the category of penalty is low; second, the whole society heavier punishment traditional still relatively dense, community correction work acceptance is not high; third, the community development is not mature, the community correction troop strength weakness, so that it can be used for community correction of the scarcity of human resources; fourth, the resources for community correction lacking, especially the funds of correction work is insufficient, that greatly restricted the community correction work.Three, combining the above research, perfecting the system of community correction:first,to reconstruct the penal system, including the system of parole and probation,to expand the applicable scope, to cancel the control punishment, building community service punishment of deprivation, to set up a reborn protection mechanism similar " halfway house ", introducing technology equipment monitoring method; second, to reform idea of execution, improving application ratio of the community-based correction; third, to strengthen construction of correction team, including two aspects that are team construction of justice as the main professional orgnaization and community and social work; fourth, to strengthen financial support of community correction, and to strive it to be included in special budget, and to establish the dynamic growth mechanism.Four, from the actual situation of Weihai City,it wil be Strived to that increasing the investment of community correction, straightening out the management system of judicial departments, strengthening the communication and coordination of departments and so on. in order to obtain practical effect.