System Of Community Correction Probation

The term of probation community correction is the earliest in China to practice category from" on community correction notice", which is composed of four ministries jointly issued. This makes the probation in China formally incorporated into the category of community correction, but also on China’s probation practice to improve the role of. Community correction is currently suspended increasingly mature exploration and practice, on the basis of criminal law amendment (eight)" the paper" on the probation of offenders, during the probation period, in accordance with the law of community correction", this indicates that China’s legislature will be signed into law on community correction. From the effective measures, it is not only the probation community correction established the legal basis, but also for many years judicial practice experience sum up, conform to the trend of socialization of execution of. At the same time, it is conducive to the improvement of the probation transformation effect, but also conducive to the community related mechanism and the improvement of the whole national legal system construction. However, probation, community correction is still exists a series of problems such as probation:prohibition shall not exact; on the probation supervision content as well as the relevant provisions to help protect the clause is not perfect; the lack of a clear legal basis; in probation management institution unreasonable etc.. The above problems have been on probation in China community correction effect is achieved caused serious effect. Try to change the existing problems, how to further improve China’s probation community correction in the judicial practice has become more urgent.Therefore, this paper combines the" criminal law amendment (eight)" on probation, community correction as well as the relevant provisions of the probation system in China the practice of community correction in experience, and pay attention to foreign probation practice of community correction experience, which started on probation in China Community Correction in a series of problems, make our country on community correction showing a more scientific, more reasonable development trend, so the probation self-renewal ability strengthen, to promote China’s community correction work objective.The main body of this paper consists of three parts: The first part is an overview of probation and community correction. The probation, community correction concepts discussed, then draws the probation community correction meaning, features and significance; secondly to probation community correction history study; finally the paper expounds the criminal law amendment (eight) in the relevant provisions, for the whole article elaboration for the overall tone.The second part is the probation system in China Community Correction in the problem of existence, contrasts the Chinese and foreign from legislation, application two aspects related issues, as covered in limited range, not involved and should improve the remainder of the third part analysis.The third part is our country community correction suggestions and improvement of probation. I uphold the integration of criminal mentality, and learn from foreign advanced legislation experience, from the legislative, judicial perspective on probation in China community correction has offered the suggestion of perfecting.