Study On The Problems And Countermeasures In The Operation Process Of Community Correction System

With the proposed of "Execution Socialized Thought" and the "Criminal Human Rights Thought", the proportion of non-custodial sentence in the penal executive system is also growing. So the western countries first introduced a new criminal law enforcement mode--the Community Correction. Community Correction is to put criminals in society, using all the resources that the community can mobilized, to make the person who have the social personality defect or the one who cannot have a normal social life resocialized.Community Correction Pilot worked in our country in2003. The first batch of pilot areas identified as more developed six provinces(municipalities), they carried out Community Correction as early as2003. China began to run a comprehensive regulation in2009. In the latest Amendment to the <Criminal Law of the People’s Republic of China>, Community Correction System was written in the first time, as a way of penalty execution formally. At present, there are more than ninety percent of.the countries, towns, counties, cities are developing the work of Community Correction.Implementation of Community Correction System in our country, is non-confinement penalty enforcement activities to control and conform the prisoner with statutory conditions for the criminal in the community, by the specialized state organs with the help of the relevant social groups, non-governmental organizations and social volunteers, in certain period, change their criminal psychology and behavior habit to good direction, promote them return to society smoothly. Through ten years of pilot work, all departments concerned explored and practiced actively, gradually formed unique mode of Community Correction with local characteristics. There are more successful mode, for example, Beijing Pattern, Shanghai Pattern, Ma Anshan Pattern.Since April2006, Hefei began to work by the Community Correction pilot. At present, Community Correction has jurisdiction in the nine counties(city)area is fully implemented, overall operating condition in an orderly way. But it is still facing some problems, mainly have the following performance. One is the lack of legal basis. The relevant departments issued <The measures for the implementation of Community Correction> in2012. It is just a regulation, as the basis of the theory and practice of an important penal system to guide national’s work, it’s legal effect is not enough. The second is the masses’ degree of recognition of the Community Correction were low, the active participation of Community Correction is not high. The third is the prisoners’ cultural quality are low, transformation is difficult. The fourth is because of the linkup of various functional departments have problems, causing the regulatory object to take off the tube and pipe leakage. The fifth, Community Correction team personnel quantity are less, specialized level is not high. The sixth is working funds shortage influence the development of Community Correction. The seventh, the rural cadastral objects of Community Correction are migrant workers for the most part, the phenomenon of the people are break away from supervision is stand out. At the same time, due to the lack of related legislation, there are no rules to the object and implementation of supervision of Community Correction system. Its role is difficult to effective supervision by legal supervision organs. These problems are not only the issues of Community Correction in Hefei, but also are the common problems in the process of this regulation. In order to solve this problem, we should perfect legislation, establish professional executable team, perfect the supervision mechanism, found Community Correction’s work platform, enrich the Community Correction’s activity types, extend the time of community service, set up scientific personnel evaluation system of Community Correction.