The Purpose Of The Theory Of Community Correction

Community Correction, also called Social Rectification or Society Treatment. It interiorized along with the rising of Execution Socialization, Individualized Trend, Tolerant Rule of Criminal Law, Humanitarianismand other theories.Decriminalization, Depenalization and Non-confinement gradually become reality out of purely theoretically. Community Correction is evolving right under this situation. Up to60s and70s of the20th century, Community Correction system gradually flourished in the west. In China, however, there is no conception as Community Correction, but in the Ancient China Penalty System, there was content like Community Correction included. Due to the long existence of Severe-Penalty Doctrine, the Community Correction is developing slowly since the founding of P.R.C. Until late20th century, along with exposing malpractice of imprisonment and the severe situation of "Cross-infection" between prisoners, China has begun to make attempt on the Social Rectification, the modern Community Correction comes into pilot and exploratory stage.Due to the differences of traditional culture, social environment and legal system, there are disputes in the legal provisions and social practices. The understanding of Community Correction is not unified in the foreign; the conception is undetermined and open-ended, although we have an "official" definition, there appeared a greater dispute in the theoretical and practical process, especially on the purpose of Community Correction. There are mainly three kinds of viewpoint:The first is the "Thought Correction", thinking the purpose of the correction is to correct criminals’thoughts and other subjective aspects to thoroughly let them repent and become law-abiding citizens again. Specific expressions are the purpose of the correction is to reform the criminal thoughts, criminal minds, ethical standards, subjective criminal constitution etc. The second kind of viewpoint think the purpose of correction is to correct the subjective thought as well as action of the criminal, and to fulfill the resocialization of the criminal. This paper attempt to use a analysis mentality of integrated criminal science, using the exchange and integration of criminal jurisprudence, criminology, penology and criminal policy, to commit in the research of community correction purpose. Meanwhile, uses the method of comparative study and value analysis to study and analyze deeply in the Community Correction purposes related theories, and to further offer a suggestion concerning the improvement of location of the purpose of China’s Community Correction based on that.This paper is divided into for chapters. The main content of each chapter is as follows:The first chapter,"Overview of Community Correction", systematically cards the related questions on the Community Correction, including the conception and features of Community Correction, the economic roots of Community Correction, Social roots, Ideological roots, the value of Community Correction and the study location on conception and properties of Community Correction. The Second chapter,"Formerly Community Correction Teleology", expounds three formerly main viewpoints on Community Correction, namely "Thought Correction Teleology","Behavior Management Teleology","Duality Teleology", and briefly analyzes the specific propositions and the rationale of the three main viewpoints. The third chapter,"Reconstruction of Community Correction Purposes", and the "Behavior Management Teleology" is defined as the reality purposes of Community Correction, and conducts feasibility analysis in aspects of "behavior development, recidivism prevention, maneuverability assessment"; Define "Thoughts Correction Teleology" as idealized purpose of Community Correction, analyze from the evaluation if starting point and the practical evaluation, specifically includes integrated survey from aspects like ascertain of its measures, penalty function, practical effect and maneuverability. Finally, discusses the association relationship of Duality Teleology. The Forth chapter,"Location of purposes of Community Correction in China", first, briefly retrospection on the history of Community Correction in China, and then evaluation aiming at the current location of Community Correction purposes in legislation of China, finally, offers reasonable suggestions on the perfection and location of Community Correction purposes in China, specifically includes perfection of legislation on Community Correction, building of systematic management, attention on the construction itself, setting up objective criterion on release of custody and establishing third-party regulatory agencies and related measures.