Empirical Study Of Community Correction System

Community correction is placed conform to the specific conditions of the criminalin community, by community correction authority in social groups, non-governmentalorganizations and volunteers, within the statutory period of time, JiaoZhengJi criminalpsychology and behavior habits, prompting them to return to society smoothlynon-confinement penalty enforcement activities. Community correction is moored toproduct in our country, after nearly10years of trial, there are still many unsatisfactoryplace, this article adopts the method of investigation and research, case analysis,analysis of current problems in community correction system in our country, explore thesolution to the problem.This article is divided into three parts.The first part, analysis the origin, definition, nature and value of communitycorrection, introduces the general situation of the development of community correctionin our country and the legislative process. Community correction system as a kind ofprison penalty execution system, since2003in some provinces and cities in China shallbe applicable to the pilot, to promotes gradually, to the full-scale09. Until2011,\"criminal law amendment eight\",\"criminal procedure law amendment in2012, ourcountry community indicates a formal written national basic law, had the preliminarylegal basis, to start it before the pilot areas, on the basis of the more is the justicedepartment, the supreme people’s court, the supreme people’s procuratorate, ministry ofpublic security regulations and local government documents, to carry out communitycorrection.The second part, to build the heilongjiang agricultural reclamation sanjiang branchof community correction as a typical example, expounds the present situation of thecommunity correction system, summarize and analyze the community correction systemexist in the implementation of the following problems: the first legal basis, let the judicial administrative workers execution still struggling; Bind the second penalty ideaobsolete, decision authority, the people’s court when sentencing applicable communitycorrection system have scruples, afraid of a problem,7suspected bad motives, alsoworry that the occurrence of crime again, to affect his work, so the correspondingsentenced to probation, crime refers to the execution outside prison shall also apply,wary of the community correction system in our country apply proportion is not large,the non-durance penalty applies with foreign rate more than imprisonment of opposite;The third rectification personnel under the influence of traditional consciousness thatcommunity correction and acquitted or released, such as community servingconsciousness is low, not clear in the punishment of their own, to accept correction andresistance; Fourth, lax enforcement procedure, separation of the present lawenforcement and execution, rights and responsibilities of coordination problems, reducethe judicial authority, and the damage effect of community correction.The third part, through the instance analysis and practice summary, put forward thecountermeasures and Suggestions to perfect the system of community correction.Correction of one is the introduction of advanced foreign legislation theory, drawlessons from foreign successful experience, to rectify the second is the process of ourspecial legislation of community correction, make the community correction systemwith clear legal protection and basis of the three is to establish a set of scientific andeffective correction system.Finally, the author believes that, with the theory of human nature of the rule of law,community correction system in China will have a broad space for development, andconstantly improve, play its proper role.