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Perfecting The Implementing Subject System Of Community Correction In China

Posted on:2015-01-10Degree:MasterType:Thesis
Country:ChinaCandidate:K ZhangFull Text:PDF
GTID:2266330428967204Subject:Law
Abstract/Summary:PDF Full Text Request
Community correction is a way of non-custodial sentences that it takes use ofthe community resources to take the supervision and education reform of thecriminals who meet the requirements in the normal community setting. From the endof the19th century, the concept of community correction was first to be proposed bythe Western developed countries. It has been100years since the communitycorrection system started. Countries all over the world have realized the importanceon educating and saving the criminals and maintaining the social harmony andstability during the last100years. So, the community correction system is graduallybecoming the development trend of the penalty systems in countries all over theworldIn our country, the formal study of community correction theory is at the end ofthe20th century. Since2003, the Supreme People’s Procuratorate, the SupremePeople’s Court, Ministry of Public Security and Ministry of Justice jointly issued thenotice of developing pilot job on community correction, there are many achievementsof our theoretical study and practice on community correction. In this process, wefully recognized that the implementation of community correction system met therequirements of building a harmonious society development. It can’t only embody ourpeople-oriented,but also respect for and protect the development concept of humanrights. So, the concept of community correction was first to be written in CriminalLaw Amendment (viii), and then the measures for the implementation of communitycorrection worked in2012. In addition, the community correction system was clearlystipulated in the new criminal procedural law in2012. These laws fully prove that ourcommunity correction system is gradually becoming more mature.At present, although the work of community correction in our country hasentered the stage of fully operational, we have accumulated a lot of experience.However, the community correction system in the actual operation also exposes someproblems. In practice, the responsibilities of various departments are not clear andspecific, their working efficiencies are great low. As well as, the work team ofcommunity correction is suffering a shortage of staff and the ability to work. These problems are closely related to the implementing subject of community correction inChina.Therefore, this paper is divided into four parts on the analysis of the lack of theimplementing subject of community correction mode in current China. This papercombines with domestic and foreign relevant experience of the implementing subjectof community correction. The paper tries to make the suggestions to improve ourcountry’s implementing subject of community correction mode. In the first part, thepaper describes the status of the implementing subject of community correction andlegal nature. As well as, it also introduces the status of implementation of the Beijingand Shanghai Mode. In the second part, according to the status of communitycorrection to carry out the work currently, I summed up the problem of theimplementing subject of community correction in our country. And I make ananalysis on the reasons of these problems. In the third part, this paper analyses thestatus of the implementing subject of community correctionthe of United States andJapan Mode. In the fourth part, this paper proposes some ideas about reconstructionof the implementing subject of community correction in China. It is necessary tomake the implementing subject of community correction clearly and build a perfectteam of community correction. Finally, I’m looking forward to doing some work tothe development of community correction in our country.
Keywords/Search Tags:Community Correction, the Implementing Subject, the Persons ServingSentences, Criminal Executive Right
PDF Full Text Request
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