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Research On Chinese Community Corrections

Posted on:2014-03-22Degree:MasterType:Thesis
Country:ChinaCandidate:L S WeiFull Text:PDF
GTID:2256330401485481Subject:Criminal Law
Abstract/Summary:PDF Full Text Request
With the wide dissemination of the humanism and socialization of execution,many western countries have to reform the mode of execution of punishment, fromcustodial penalty to non-custodial penalty. Community Corrections as a representativeof the non-custodial penalty has been adopted by a growing number of countries.Community Corrections is to avoid the inherent defect of custodial penalty, cangreatly improve the criminal resocialization rate. Community Corrections also caneffectively save the penalty economic costs to maximize the benefits. CommunityCorrections has presented the trend of globalization in the field of criminal justice.China began implementing the Community Corrections after the Supreme People’sCourt, the Supreme People’s Procuratorate, the Ministry of Public Security and theMinistry of Justice jointly issued notice on the development of CommunityCorrections work in2003.So far, it has been more than nine years. The pilot areashave made great achievements in the process of the implementation of CommunityCorrections, but also exposed some problems. In Community Corrections teambuilding, on one hand, judicial offices staff is less and overall quality is lower, on theother hand, the overall quality of the social workers are lower and volunteers are lackin the county. In the implementation of Community Corrections, there is a problem inthe correction of convergence and regulatory measures. The shortage of funding forthe work has been restricting the Community Corrections. The low rate ofnon-custodial penalty led to a narrow range of Community Corrections. The majorityof the public do not agree with Community Corrections. They have discriminationattitude to criminals, affecting the work of Community Corrections. If we do not solvethese problems, the prospects for Community Corrections is bound to be seriouslyaffected. To solve these problems, it is necessary to study the causes of these problems.China’s severe but not strict and criminal law structure and conviction mode ofqualitative and quantitative hinder the expansion of Community Corrections. The lackof execution legislation and uniform body of criminal execution hinder thedevelopment of Community Corrections. People advocate severe punishment andreject Community Corrections. The imperfect community construction hamper repairof Community Corrections with community. To promote the development ofCommunity Corrections, It must update the concept of penalty from Severe-PenaltyDoctrine to lightening penalty. It is necessary to Perfect legislation of probation,control and conditional release in order to improve the rate of Community Corrections.To form community atmosphere which is favour of Community Corrections, It mustfoster community culture and improve community construction. It is necessary tobuilding Community Corrections legal system and establish a scientific treatment andpunishment system. Only in this way can we achieve our purpose of communitycorrections, to meet the needs of Execution Socialization.
Keywords/Search Tags:non-custodial penalty, Community Corrections, body of criminalexecution, Severe-Penalty Doctrine, community construction
PDF Full Text Request
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