Research On The Legislation Of Community Correction

Community correction is non-imprisonment execution of punishment which meant to put criminals that meet legal conditions in a community, correct their criminal mind and behavior within the period of time according to the judgment, ruling or decision, and prompt them to successfully return to the society implemented by administrative organizations of justice (Justice Bureau) and its dispatched organs (Office of Justice) under the assistance of relevant sectors and social forces. It is of great significance to establish community correction laws and systems and strengthen legislation research in this field to provide corresponding legal support for community correction. Community correction originated from the west and has over a hundred years of history. Relatively developed correction legislation systems have taken shape in the west. However, China is still in its infancy from its piloting in 2003 to comprehensive piloting up to now. The legislation research of community rectification is not deep and complete enough. On the one hand, China’s community legislation correction should be built on China’s national condition. We should sum up experiences from our over 10 years of piloting process and explore the legal system in compliance with China’s reality. On the other hand, we should draw upon the experiences of developed countries and seek out the universality of community correction to provide reference for China’s legislation in the same field. Through analyzing the successful experience of legislation of community correction in the US, Britain and other countries, the author has analyzed and summed up five key problems need to be solved and corresponding recommendations in combination with the legislation basis provided to China’s community correction legislation by the pilot projects in Beijing, Shanghai and Zhejiang.This paper is divided into four parts.Part 1 is the overview of community correction and its legislation, which mainly introducing the concept, characteristics and types of community correction and the necessity and feasibility of China’s legislation of community correction.Part 2 is the successful experiences and inspirations from the community correction of other countries and it puts forward those experiences on China’s legislation in the same field mainly through introducing the successful experiences and good practices on community correction legislation in the US, Britain and other typical countries and regions.Part 3 is the practice and legislation recommendations on community correction in China. It introduces the experience of pilot areas in terms of community correction in China, proposes the legislation foundation provided by China’s community correction pilot process to China’s community correction.Part 4 is the problems and suggestions which is the key component of the whole paper. It sums up the key problems to solve and puts forward several suggestions on China’s community correction legislation.