Theory Of Community Correction Procuratorial Supervision

In the field of penalty execution of criminal justice, community correction, relying on it’s non-custodial andsocial nature, is respected by all the countries of the world. Community correction selects some criminals whocommit minor and less social harm crimes, and have intentions and expressions of repentance, then integratingsocial resources, conducts targeted rehabilitation and education. The practices of all the countries conform thetruth as one act of non-custodial penalty execution, community correction is more favorable to the criminals toreturn the society after receiving rehabilitation and education, and it can effectively reduce the proportion ofrecidivism.China carries out the system of community correction step by step on the way of point to area《.Criminal LawAmendment VIII》and new《Code of Criminal Procedure》both include the clauses of community correction,which give the corresponding legal status of community correction. They also indicate that the system ofcommunity correction is already implemented fully in our country. From our country issued a pilot project oncommunity correction work to nowadays, during this ten-year period, we see the increasingly prominentadvantages and surprises which community correction brought to us, but we should also see the increasinglyexposed disadvantages. Procuratorial organs are our country’s legal supervision organ. How to exert legalsupervision duty, how to build effective supervision mode, how to use effective supervision means, all of these areprocuratorial organs’ major issues in new situation, which can prevent or reduce the disadvantages of communitycorrection, and are effective for the reflection of community correction’s inherent value.Theorists and parishioners pay universal importance and attention to community correction’s procuratorialsupervision. This thesis, utilizing the current situation of community correction’s procuratorial supervision in ourcountry, aims to find the shortages which exist in the process of procuratorial organs carrying out the function ofcommunity correction’s procuratorial supervision. And then on the basis of analyzing these shortages, we try tofind underlying reasons and external factors which affect procuratorial organs to carry out the function ofcommunity correction’s procuratorial supervision effectively. Therefore, focusing on the problems and obstaclesof carrying out community correction’s procuratorial supervision, we proposes countermeasures and suggestionswith respect to the legislative lag of community correction, poor management system, narrow scope of authorityand so on..