Reflection And Reconstruction Of The Target Of Community Corrections Applicable In Comparative Perspective

Community correction system originated in the common law countries of theWest, which conform to the execution philosophy from the death penalty, corporalpunishment the center steering free criminal property punishment penalty systeminto the international social trends, becoming a fruitful the most humane, the mostresults of exploration of a civilized way of punishment crime. China is rising invarious social contradictions the outbreak of society in transition, growing prisonperpetrators, limited judicial resources, prison supervision conditions which led todeclining crime to survive in the cramped space of the prison has a problem, andreturn to the social difficulties is heavy. In this way, the community correctionsystem is in line with the reality of the need for our country to ease prison pressure,worthy of further promotion.Intended to determine the scope of Community Corrections, to some extent,determine the actual performance of this system. Tacitus, the Roman famous scholaronce said:“To know yourself, you should compare with others" Comparativeresearch methods are widely used in various disciplines as a research method. So, inthis article from the Perspective of Comparative Law, intended range of community corrections for the study by examining the course of development of the foreigncommunity corrections and the provisions of the Community Corrections intended toreflect the law of the Community Corrections intended, thus come to therecommendations of the Perfection of Community Corrections intended range.Research community corrections intended range, we must first clear themeaning and nature of community corrections, but due to the countries’ differentnational conditions, cultural differences, and the rule of law background and legalrequirements, theorists and practitioners, such basic issues do not reach a consensus.View from home and abroad for the understanding of the meaning of communitycorrections, both broad and narrow meaning. I believe that to standing in aforward-looking perspective to understand the concept of community corrections,support from a broad sense to understand the concept of community corrections,"bythe specialized agencies responsible for the mobilization of social forces within thecommunity of the of fender to comply with the non-custodial conditions to criminallaw enforcement activities, as well as the protection of soci ety from prison andyoung of fenders.” A result of the nature of community corrections is defined as a criminal execution activities both attributes of social welfare, which includes notonly the correction of offenders, but also ex-offenders and violations ofadministrative regulations reeducation through labor personnel Corrections.At this stage, the main provisions of the legislation intended range ofcommunity corrections are in the following three legal documents: July10,2003theSupreme People’s Court, Supreme People’s Procurator ate, Ministry of PublicSecurity, the Ministry of Justice jointly issued by the "about to carry out theexperimental work of community corrections notice "(hereinafter referred to as the"Notice "), came into effect on May1,2011, the Criminal Law Amendment (h) andcame into effect on January1,2013, the Criminal Procedure Code amendment. Viewbased on the effectiveness of the rules of law, intended for the CommunityCorrections should be the four offenders of the Code of Criminal ProcedureAmendment provides: sentenced to public surveillance; whose sentence is suspended;temporary execution outside prison; been convicted parole ’s. This is not consistentwith the meaning of this article insisted broad community corrections, which are allrela ted to China’ s national conditio ns, mainly and influenced by factors such asconcepts, legislative, institutional, technical and community building.Profiles, combined with extra-territorial community corrections intended to sum up the experience with the law, I believe the following aspects of CommunityCorrections perfect: First, it is necessary to update the penalty philosophy. With thedevelopment, the progress of civilization, execution philosophy should advance withthe times; to become modern open society executioner philosophy should transitionfrom the traditional doctrine of tion. Only in this way can we promote thecommunity in our country to help the community corrections really promoted in ourcountry. The second perfect is to develop a clear community corrections applicablestandard. I try to give the following standard favors of Community Correctionsintended to further improve: Community Corrections apply to those who commitminor crime and hazards and subjective malignant small. The community correctionalso applies to criminal whose show repentance, the dangerousness of the person andthe health status do not apply to monitoring the implementation of the community,ex-convict and the illegal inmates. Third perfect is, under the existing legal system,by expanding the application of the control sentence, probation and parole to expandcommunity corrections applicable. The fourth is to increase the ex-prisoner,applicable labor correctional officers and juvenile delinquent.