The Theory Of Procuratorial Supervision Of Community Correction In China

Community correction has been experimented in China for years and alreadystipulated in the Amendment VIII to the Criminal Law of the People’s Republic ofChina, but it will be further implemented in a wider range throughout China alongwith the promulgation of the Measures for Implementation of Community Correction.As an authority for punishment execution and supervision, p rocuratorial organ plays asignificant role in legal and equitable implementation of community correction andrealization of its objectives. Nevertheless, a lot of problems still remain unsolved inprocuratorial organ’s legal supervision over community correctio n in judicial practice.Therefore, study on China’s community correction mechanism, analysis of the currentcommunity of prosecutorial supervision in the procuratorial organ of our countrycorrectional supervision problems, summarize and perfect the useful experience andeffective way of community correction legal supervision of procuratorial organ inChina has great practical significance. This paper summarizes the jurisprudentialbasis, legal origin and value of procuratorial organ’s supervision over communitycorrection in China, Comparison of the foreign community correctional supervisionorganization, to use for reference, reform and perfect the internal communityprocuratorial organs of correction execution supervision institutions. Describes threeroles of procuratorial organ in community correction, and defines the scope of itssupervision over legality of trials and prison management, over execution ofcommunity correction, over corrective actions and over correction objects. Meanwhile,this paper elaborates on the connotations and properties of injunction, analyzes thenecessity of procuratorial supervision over execution of injunction, and presents fiveproposals on improving procuratorial supervision over community correctioninstitution’s execution of injunction. At last, this paper analyzes the dilemmas inprocuratorial supervision over community correction and utilizes China’s successfulexperience in procuratorial supervision over community correction to give somerecommendations on improving the procuratorial supervision system as well as someinnovative methods for supervision.