The Problems And Advices Of Community Correction In China

Community corrections has been written of the "Criminal Law Amendment (8)", but our research and practice of this system is not very mature. Compared with most countries and regions in the world, China’s Community Correction Type only for the control of probation, parole and deprived of political rights for five, not only provides too narrow, and there are many defects in the content. Community corrections originated in Western countries continue to constantly explore innovative, try employing Road, civilized way to solve the crime, resulting in a new way of penalty, in essence, is an educational punishment. Community corrections in the United States has160years of history, and has formed a relatively complete system of community corrections; However, in our country, community corrections is just emerging in terms of corrective philosophy, community hardware legislative level law enforcement aspects of defects, so China is still not formed a line with the actual situation of local community correction system.Therefore, the authors first summarize the outstanding problems that exist in our community correction. Secondly, the use of theoretical analysis on certain aspects of the Community Correction in China and the United States were compared. Finally, the Community Correction System Construction and improvement of some suggestions. The thesis is divided into five parts:The first part, Introduction. This section starts by describing the background, objectives and significance of the thesis, followed by about papers Review of Research; finally written to the ideas and methods of the thesis.The second part of Community Corrections Overview. This part is mainly a brief introduction to the concept of community corrections, community corrections, history, and of the Community Correction historical development and current situation. The third part, the main problems of the current of Community Corrections. This part to tell the story of five aspects of Community Corrections deficiencies, lack of a unified legal guidance, community corrections legislation lags behind; second is the implementation of the Community Correction body is not clear, making the community correction in practice there is difficult to really get implementation issues; Third, the advantages of community corrections applicable range is not wide enough, did not give full play to the non-custodial sentence; community corrections lack of procedural safeguards, resulting in the offender’s rights are not well-protected. The mass is difficult to agree with the rehabilitation of offenders in community corrections, community corrections community building in the early, difficult to set up makes a lot of the specific activities of the community corrections.The fourth part is the investigation of the American community correction system, this part of the investigation of the U.S. system, with a focus on the community corrections in the United States in terms of legislation, the executive body of the scope of application of the modalities of implementation of community corrections, community corrections etc., to find similarities and differences, and provide a reference platform for our reference and learning community correction system and philosophy.The fifth part is on the Community Rectification legislative, judicial perfection. This part is mainly from the following five aspects to the improvement of community corrections system. Since China does not have a dedicated community correction method, but are scattered throughout the Criminal Law, Criminal Procedure Code, the Prisons Act, a minor Protection Act and other laws, which states that most of them are very simple, inconvenience specific, so it should be the establishment of community corrections improve community corrections legislation. The second is to clear the judicial and administrative authorities as the implementation of the Community Correction body, only clear the main community corrections can really be implemented. Third, expand the scope and types of community corrections. The fourth is to strengthen the community corrections supervision measures from two aspects of supervision and social supervision of the Public Prosecutor’s Office about. The fifth is to change the concept of penalty, strengthen community building.