Research Of China’s Non-custodial Criminal Penalty Mechanism

The developing process in Chinas non-custodial penalty mechanism is notperfect, with the community correction is unfolding in the country, after the pilotareas and a period of practice and exploration, a great deal of experience, whichfurther understand Chinas non-custodial penalty mechanism functions and thedeletion of the existing system of great benefit. Should be noted that the communitywork has just started, there are still many problems, one of the most important issueis understanding the directional deviation in the enforcement process, whichincludes the community that law enforcement workers, including communitycorrections of all or substantially all of the content of the work is education,probation, helping ", and did not establish a non-custodial sentence as the primarypurpose is the idea of" punishment ". In this paper, a preliminary study on this issuefrom this perspective.The beginning of the paper is the introduction of the Thesis Topic Resource andsignificance of the research status of implementation of the non-custodial sentences,thesis ideas, methods and innovation.The text is divided into three parts. The first part is the present stage of thenon-custodial criminal punishment mechanism missing status and the analysis of thecauses of that law, the concept of it and of institutional reasons.Part II presents the necessity of the establishment of Chinas non-custodialcriminal punishment mechanism. This section is to illustrate the important positionand reasons of the non-custodial punishment in the penal system in China.The third part is constructed of non-custodial criminal punishment mechanism.Is missing as well as legislative, judicial, law enforcement and other practical level interms of improving the existing non-custodial penal system intended to be used, andfinally envisaged Community Execution of Punishment "of the term instead of" community corrections, and the old days of "community corrections analysis of thedrawbacks of the term "community penalty implementation of reasonablediscussion.