Font Size: a A A

The Construction Of Community Security Measures System In Our Country

Posted on:2014-10-03Degree:MasterType:Thesis
Country:ChinaCandidate:M ZhangFull Text:PDF
GTID:2296330434951905Subject:Law
Abstract/Summary:PDF Full Text Request
The control punishment is our country unique kind of penalty. At present,"criminal law amendment (eight)" provisions of the penalty is sentenced to control, in accordance with the law to carry out community correction. However, process control punishment in community correction and extension of the experimental work, its inherent disadvantages further manifested, in the embarrassing position of being marginalized, almost cease to exist except in name, this is inseparable with the theoretical and realistic predicament defect control their own. In practice, the security punishment system plays an irreplaceable role in the prevention of crime, social security and the protection of human rights, the original intention of setting and control punishment is consistent. Therefore, research on the control punishment theory, the walk out of the current difficulties in operation mire, construction of the Chinese characteristic system of security measures as a season of spring provides a good opportunity for the. The author suggests that may be considered to be the control punishment for the transformation of community security punishment, reeducation through labor institutions such as disposing of security measures together constitute the perfect system of security measures, which to some extent can make up for deficiencies in judicial field, but also provides a scientific basis for the formulation and practice of many legal reform. At the same time, it is necessary to pay attention to, the control punishment for the transformation of community security punishment, need to deal with the relationship between, regulatory and criminal reeducation through labor as the crime prevention and criminal regulation as preventing recidivism and resettlement relationship, as well as the relationship between regulation and community punishment community security measures of the three important relations, this is of great significance to the lack of social legislation and promoting social stability.The definition of community security measures in the article refers to the court in accordance with legal procedures and on the basis of the criminal law, the crime committed by an offender was slight, while in the community through certain labor reform need not in prison, or take for improvement or imprisonment isolation social danger and preparing for adapting, irregular to punish correction of crime, crimes, making criminals return to society security measures. Community security measures to replace the control punishment, in order to better improve the execution effect.This paper is divided into four chapters, the first chapter is the introduction, the purpose and significance of research, literature review, the paper structure, research methods and innovations of the article elaborates the general situation.The second chapter mainly discusses the emergence and development of security measures, starting with the development status of the domestic and foreign security punishment system, the security punishment system from a general overview of the nature and concept, then discusses the related concepts and characteristics of community security measures.The third chapter mainly discusses the control punishment flaws and difficulties led to construct the alternative system. The author mainly from the three aspects of status and operation effect theory of defects, in the penalty system of our existing criminal control flaws and difficulties, combined with China’s national conditions, the control punishment into the security punishment system carried out a feasibility analysis. Then express the author’s own standpoint, that will be the control punishment for the transformation of public security punishment system is the effective way out of control punishment dilemma.The fourth chapter discusses the specific ideas of constructing the system of security measures in our country, applicable object, first from the re positioning control full control punishment and other aspects the control punishment into specific programs of community security measures. In addition, the author proposes the regulation reform, community security punishment must deal with three relations, the first one is to handle the community as a security measure of control and as the relationship between institution security punishment of reeducation through labor, the two is to deal with the relationship between crime prevention measures for control and prevention of recidivism crime the resettlement assistance, three is to deal with the relationship between the community as a security measure of control and as a mechanism of community penalty execution.
Keywords/Search Tags:punishment of control security measures system ofcommunity security community correction
PDF Full Text Request
Related items