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The Research Of Community Correction System

Posted on:2014-01-07Degree:MasterType:Thesis
Country:ChinaCandidate:J H WangFull Text:PDF
GTID:2246330395495690Subject:Criminal Law
Abstract/Summary:PDF Full Text Request
Community correction is the new way of punishment that caters for the principle of development trend of western countries which means that the traditional single closed imprisonment is gradually evolved into diverse social punishment, the research of community correction in China started relatively late but developed rapidly, with theoretical thesis and books emerged abundantly. Meanwhile, practical department is gradually conducting much exploration and innovation Now has more than20provinces formulated the relevant regulations and systems, to promote in-depth development of community correction,especially after the revision and of criminal and criminal procedural law which institutionalized community correction, the research of community correction is becoming one of hot issues in field of current criminal law, especially the punishment. This article selects this topic as the research object, through historical analysis and comparative analysis methods from two aspects of theory and practice of community correction system, my goal is to find the problems existing in the community correction in our country and the insufficiency, and thus to propose some perspectives and advices on reform and consummation of our nation’s community correction system.This article has five parts:introduction, summary of community correction, the theoretical basis of community correction, the practice of community correction in our country present situation and relevant institution rethinking as well as the consummation of community correction system in China and epilogue.The first part includes an overview of community correction and further conducting a historically theoretical summary on the concept of community correction as well as introducing historical path of development of community correction and its latest development in China.The second part includes the theoretical basis of community correction. This part analyzes the theoretical foundation of community correction from a variety of aspects such as penalty concept, principle of punishment, social thought and specifically interpret the evolution of objective of penalty is the cornerstone of community correction; The pursuit of execution efficiency is the economic cause of community correction; Principle of the austerity of criminal law is the kernel spirit of community correction; the thought of social welfare is the conceptual support for community correction.The third part includes the present situation and relevant institution rethinking. This section is from two aspects of legislation and execution of community correction system in our country to illustrate the current situation and selected several representative cities and provinces which have already carried out community correction pilot work as typical mode for analyzing our country’s actual characteristics and situation of community correction. According to unveiled problems in practice, this article gives several suggestions on how to efficiently consummate it.The fourth part includes the consummation of community correction in China. Based on the above analysis of the drawback of the system, this part formulates several specific thoughts and advices on reform and consummation of our nation’s community correction. We need to renew the idea of socialization of execution, cultivating specialized correction team, establishing a scientific evaluation mechanism, as well as consummating the integration of the correction legislation and strengthening the legal supervision.Community correction is a complicated system engineering which not only needsto update the concept of punishment, but also needs to have reform on such areas, punishment, the execution legislation and many other fields in judicial system. Community forces are relatively weak in our country at present stage, the community correction pilot work just carried out with efficiency in just a few of the economic and cultural relatively developed place and gets abundant fruit. but with the maturity of the construction of the community and the penetration of theoretical research together with gradual accumulation of practical explorations, our nation’s community correction system will become a mature modern legal system of penalty execution.
Keywords/Search Tags:community correction, Social encounter, Penalty execution, socialization
PDF Full Text Request
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