The Research On Participation Of The People’s Court In Community Correction

In2011, the Eighth Amendment to the Criminal Law of PRC has explicitly stipulated community correction as a legal system in the Criminal Law. The community correction is actually a way of execution of penalty, with its execution based on judgments and orders of the court. Meanwhile, what the people’s court being involved in community correction indicates the people’s court hold the principle of lighter punishment by making full use of the methods combining punishment with transforming education and by choosing penalty or non-penalty in the trial and execution process. The defendants who commit less offense and are sincerely repentant would be sentenced to punishment of control, sole deprivation of political rights, fixed-term imprisonment, criminal detention and probation. What’s more, for the prisoners who have been fully transformed and considered to be of no danger to the society, the people’s court will release them on parole or give the eligible ones with a chance of community correction, combining with education and transformation work of related organizations to prevent and reduce crime and maintain social stability. The development and the size of community corrections depend largely on the judgments and orders of the people’s court. It’s essential to study how the basic people’s court should play a positive role in the advancement of community correction work, make full use of judicial resources and social resources and cooperate with judicial administrative organs and other departments to punish the criminal while making them better adapt to society.Except for the introduction and the conclusion, the paper can be divided into four parts.Chapter One discusses the legal concept and significance of the community correction, and concludes the establishment and development of the community correction system in our country.Chapter Two analyzes the role played and the value generated by the people’s court during the process of the community correction. As the main decision maker in the community correction work, the people’s court exercises its duty of trial and extends it in accordance with law, acting as the starter, participant and cooperator of the related courses, which reflects the criminal policy,"temper justice with mercy" and achieves the total value of legal-government effect and social-management effect. The participation of the people’s court in community corrections is in favor of the community correction’s professional power and makes the community correction work more targeted and effective.Chapter Three renders the issues originating from the author’s own work about the community corrections, analyzing the factors and current situation involved in the community corrections.Chapter Four provides the author’s advice about the solutions to the issues on how to realize effective participation in community corrections. Firstly the author advises to further perfect the relevant laws and regulations, set up the content of the punishment, perfect the regulation of community correction, and establish pre-jailed social investigation system and non-durance penalty hearing system, providing more sufficient legal basis when the court conducts non-durance penalty in accordance with the law. Secondly the author discusses how to strengthen the cooperation with the institutions administering the community corrections in practice so as to implement the "seamless connection" of each community correction department, and put an end to targeted persons’ out of control.