A Study On Problems And Resolutions Of The Existing Legal System Of Community Correction In The Implementation

Criminal enforcement policy is now being changed in China, and it is a general trend. Instead of imprisonment, Community Correction becomes a non-custodial penalty that reflects the tendency of global penalty ways changing from severity to relaxation. Community Correction System refers to a kind of criminal justice activity in which a non-custodial penalty or an alternative way of sentence services is executed in the community. Since2003, Community Correction System had carried on ten years in our country, and it has obtained certain achievements. Especially Community Correction System confirmed by form of legislation in "Criminal Law Amendment (eight)" in2010for the first time that also laid a solid foundation for the future to promote this system better. As the change of criminal policy in China, Community Correction System will become the important link between the criminal law systems.However, there are a lot of defects consist in implement; mainly reflect in system design, emergency operation, program connection, etc. The regulations of the "Criminal Law Amendment (eight)" and "Community Correction System" are too stuffy, simple and extensive that make law-executors don’t know what to do. Eventually, there are a wide gap between expectation and real effects. At the same time, it’s impossible to consummate supporting policies in a short time, rights and obligations of law enforcement are not clear, program connection cannot be connected efficiently, the way of correcting is over-relatively simple, the proportion of parole system is of the low rate,"Community" system develops immaturely, and community corrects the wrong attitude of the prisoners that cannot be preserved,etc. All of these reflect a lot of problems in China’s Community Correction System. Therefore, to make sure the effective improvement on Community Correction, we should quicken our steps on Community Correction built and improvement.According to above-mentioned, this article is divided into three parts:Part one:General interpretation of Community Correction. State the concept definition and origin, the legal features and functions, value and theory basis. The preliminary discussion. Meanwhile, analyze some differences of Community Correction between China and the West.Part two:Analysis the current situation and cause of formation of Community Correction and introduce the running processes. In this part, mainly discuss the history of China’s Community Correction through different legal levels, find the crucial reasons and analyze the causes.Part three:The emphasis of the thesis. Point out the problems existing in Community Correction, offer proposals to correct and improve the problems of Community Correction, just as found the specialized Community Correction Agency, set up the rights of the termers protection mechanism, strengthen legal supervision, perfect the enforcement procedure of Community Correction, and refining relevant rules and regulations in my own plain ways. Finally, give countermeasures to reconstruct Community Correction. In brief:The thesis deliberate from the comparative study, analysis of the current difficulties of Community Correction in China, put some simple and obvious suggestions to perfect the system, try to provide beneficial opinions and suggestions as much as possible.