Practice And Exploration Of Procuratorial Supervision Of Community Correction In China

The2011criminal law amendment (8) of community correction formal loaded, showingthat China’s system of community correction of clear established, at the same time, it is astaggered results of community correction.From2003the first one of the areas to the currentlegislation of the pilot formal into, the scope of application of community correction isexpanding constantly, content obtained perfectly, the system got complement, criminalsreduce pressure in prison and execution cost’s achievements to see. At present in the academicfield and practice research community correction works and exploration is not a few, but as apenal execution supervision organs, the people’s procuratorate of the new penalty system, willbe how to supervise and can follow closely the time the situation changes perfect, will be aworth of research. Especially in the transitional period of community correction, facing thecontent of the lag of legislation, institutional setup of the professional, personnel is notenough to set predicament, procuratorate how to explore with regional features of supervisionmode, how to base on good control of community correction operation in the dailysupervision system,so as to promote the development of community correction will be along-term rich far-reaching significance of the process. The author analyzes the subject takenon the investigation, the way to Guangzhou haizhu area procuratorate of Guangdong province,collected a large amount of data, and through the analysis of the data material, set up the logicthinking. This paper consists of a regional models for the transition to the exploration of theprocuratorial supervision of community correction of the system study, the article take thetheory to practice, by ideas of special to the general.The first part of the overall analysis of community correction of procuratorialsupervision into new background, procuratorial supervision elaborated from three aspects ofthe community correction is the embodiment of procuratorial functions, is the right ofrestricting and the needs of protecting the legitimate rights and interests to say the newsituation of the community correction, the necessity of procuratorial supervision.The second part to Guangzhou haizhu area procuratorate community correction forprocuratorial supervision mode of practice related to the research of the real data and materialas the basis, Guangzhou issued by the relevant specification files for the reference of,respectively expounds procuratorate working organization form, working methods and itsspecific operating mode. The article in the third part of the actual supervision state transition to procuratorate ofthis mode of thinking, separately from the community correction of legal system construction,supervision work resources, work content, working concept of comprehensive analysis, and itis also restricted the crux of the procuratorial supervision function, and finally we got anexisting common problems and difficulties.The article in the fourth part is made of special model to the general pattern transition,from the deficiencies of haizhu community correction on the procuratorial supervision, rise toexploring the haizhu mode by procuratorial supervision of beneficial path. On the third part ofthe practical problems existing in the basis, the one-to-one, puts forward the communitycorrection in the path of the procuratorial supervision construction.The fifth part, is the sum of the full text, ending is discussed briefly in the writing of thebackground and the reason of choosing for Guangzhou haizhu area as investigation object,and prospected the path of exploration on procuratorial supervision of community correction.