Comparative Research On Chinese And Foreign Community Correction System

Community correction system is a means of education management aiming at educating a special crime group, which is an important component of promoting the penalty execution innovation mechanism as well as carrying out the comprehensive reform of the central judicial system. Community correction as a kind of non-confinement penalty execution system now has become an important part of many foreign countries’ criminal execution system. The community correction system of many overseas countries and regions has made a lot of achievements in such areas as operation mechanism, which has provided precious referable materials to the establishment and perfection of our country’s community correction system. At present, from the Department of Justice has published “Researching Report on Reforming and Perfecting the System of Community Correction in Our Country” in 2002, the Department of Public Security, Prosecution, Court and Justice have jointly issued “Notification about Carrying out Community Correction Pilot Work” in 2003, which means the beginning of making experiments in community correction, and the publishing of the “Pilot Work Opinion” in 2009, to “Criminal Law Amendment VIII” has explicitly stipulated community correction in legal form in 2011 and the publishing of “community correction implementing measures”, community correction system in our country has made its elementary achievement after decades of energetic exploration, research and pilot work, while it also has many disadvantages. On January 1st, 2013, the amended criminal procedure law which contains community correction system has been carried out formally, which acts as a milestone in the history. community corrections adapt to our country’s present strategy of ruling the country by law, and it is a kind of beneficial exploration to complete penalty implementation system with a Chinese characteristic. However in the practice of community corrections, our country’s community correction work is still in its preliminary stage, and has many problems in the fields of the applicable objects, the usage rate of juridical practice, the safeguard mechanism as well as the educational management system, so at present, our community correction system can not completely fulfill its purpose of legislation. Compared with our country, many oversea countries and regions not only build their community correction systems much earlier than us, but also have achieved a lot in many fields such as operation mechanism. Some countries’ developed community correction systems differ greatly from ours in the fields like applicable objects, management system and education system. In our country’s pilot projects since 2003, many regions have learned a lot from the foreign developed community correction systems, and achieved good results, which has accumulated rich experience for the development of our country’s community correction work. The 3rd Plenary Session of 18 th CPC Central Committee has listed the perfection of community correction system, which offers a new chance for the perfection of our community correction system. “Others’ good quality or suggestion can remedy one’s own defects.” So this paper will mainly analyze the successful experience of oversea countries and regions community correction system combined with the practice of our own country’s community correction system, and make a research on the fields like fundamental theory, historic evolution, applicable object, management system as well as education system aiming at offering advice and suggestions to the perfection of our country’s community correction system through kinds of research method such as compare and analysis.