Discuss Community Correction System

With the development of the socialization of enforcement of criminal law,community correction has being widely adopted over the world. China has initiatedpilot work for community correction in six provinces, including Beijing and Shanghai,since July2003, and has established a complete system after nine years of practices.However, there are many problems during the process of correction work. Forinstance, although as an item of normal works, community correction is supported byregulations and policies, it did not be admitted formally as a system by legislation.Although the administrative and executive organization is definite, the body of regularwork and enforcement did not unify either. And so on.The newly issued Amendment Ⅷ to the Criminal Law of the People’s Republicof China formally include Community Correction, which make the word present inthe clauses of criminal law officially. The amendments admit the positive effect foryears of pilot efforts in our country, and further proved the development for ease ofpunishment and socialization of enforcement of penalty. It could be found the greatsignificance to include Community Correction to Amendment Ⅷ.Under the premise, The Supreme People’s court, the Supreme People’sProcuratorate, the Ministry of public security and the Ministry of Justice jointlydrafted Measures for the implementation of Community Correction under on January10th2012. And the Measures details and arranges previous relative regulations.Therefore, the author of this thesis thinks it’s necessary to study the subject andproposed several opinions to make preparation for community correction worksafterwards.The body of this thesis comprised of four parts.Part Ⅰ: From the theoretical perspective, discussed the concept, nature andtheoretical foundation, analyzed its value as well, and pointed out the origination andcurrent movement of Community Correction system.Part Ⅱ: Through the analysis of community correction system concepts, nature and development course in foreign countries, absorb their advanced experience andavoid defects simultaneously, so as to enlighten the movement direction of thedevelop of our country.Part Ⅲ: Discussed the origination, current development and difficultiesencountered of community correction system of our country. It is mainly statedcurrent situation of legislation based on the difficulties encountered. Discussion showsthat newly issued Amendment Ⅷ to the Criminal Law of the People’s Republic ofChina, as a historical breakthrough, brings chance to us. Also, Measures for theimplementation of Community Correction, as a new regulation and bright spot, willlighten the direction to the future movements for the community correction system.Part Ⅳ: Proposed some fresh ideas and direction of exploration to the futurework of community correction. Furthermore, with the improvement for correctionperformance, it is considered ways of thought could be expanded in dealing withcriminals from foreign provinces or countries, and innovations could be introducedcombined with closed criminal record restoration system.