| As the appearance of the drawbacks of the imprisonment, the trend of the worldpenalty reprieve and the rise of the concept of restorative justice, community correction,which focuses on the repair of social relations and the offenders’ re-return to society,undergo the course of practice first but legislation later. As a non-custodial sentencepenalty, community correction reflects the concept of penalty individualization,socialization and rehabilitation. With the implementation of community correction, someunderlying problems gradually exposed: legislative procrastination and the long time ofindeterminate execution organ, the great responsibility but low efficiency of the judicialand administrative authority, single and immature correction supplementary measures,the poignant injustice in the apply of community correction for nonlocal criminals, thetentative and missing links of procuratorial supervision, the absence of communitycorrection assessment and so on. The reasons are the followings: the lag and low-orderbits of legislation, the questions form traditional attitudes, the lack of community culturalenvironment, the deficiency of professionals and non-government forces, the imperfect ofsocial support system and so on. On the basis of the realistic practice and the study fromthe west countries, this dissertation, form the substantive perfect angle, proposes theestablishment of the community correction service center system, the creation of effectivecorrection measures such as community service order and curfew, the refinement ofreward and punishment mechanism of community corrections, and form the proceduralperfect angle, the preposition, content expansion and prohibitive provisions of pre-trialreport system, the establishment of community correction evaluation mechanism with thecontent of the rate of recidivism, penalty cost and the feelings of defendants and victims,the construction of social supporting systems such as floating population service system,the improvement of community corrections supervision system containing both thevictims and prosecutorial oversight. With the improvement of the community correctionsystem, community correction, an independent penalty measure, becomes one of themature and effective penalty systems in China, to achieve maximum effect togetherwith the imprisonment penalty in the pursuit of crime prevention value. |
