The Predicaments, Causes And Solutions In The Executive Process Of Community Correction In L District, L City

Community correction, as a kind of non-custodial penalty execution mode in line with the concept of socialized execution, humanization, and tolerance, has been piloted on a national scale after 10 years exploration in our country, but the implementation is still encountered in lots of trouble in practical,and it must be tackled immediately at grass-roots level. Through deep and realistic survey and comparative analysis about of community correction system in Hunan province, and through the executing practices community corrections in L district, L city which is more representative in the whole province, the author found that the main current plight of community corrections execution in L district, L city are as follows:absence of the subject involved in the implementation of community corrections; lack of coercive methods of community corrections execution; absence of social environment about community corrections; various security oversights in community corrections execution; the defects of the actual affection in community correction execution. Investigating these reasons, there are five main aspects of contradictions in the implementation of community corrections: contradiction between the diversity requirements of the main subject in participation and the status with unified body; contradictions between the basic demand of the rigid punishment execution and the status on imperfect legislation; contradiction between high quality in process of execution and the status with insufficient guarantee:contradiction between the demands of various departments work together and the fuzzy distribution status with the rights and the obligations. To make the implementation of community corrections in L district, L city out of woods, it needs to distinguish between personality issues and common problems from the municipal level of L district L city, Hunan province level and national level, and look for the way out from all levels. At the local level, it is mobilizing social forces, enriching the enforcement team, insisting on legal education, strengthening community construction, increasing social recognition of community corrections; it should implement strict grading/classification management and individualized correction for community correction staff and fulfill the social applicability assistance measures; it’s needed to strengthen social security and promote the implementation of standardized operation. At the Hunan province grade level, it should proceed to realize the unified management of the community corrections staff, which includes establishing the office system of community correction and funding provincial guarantee mechanism for community correction equipment; improving the working mechanisms in aspects of social investigation and assessment, delivery and reception etc, in order to enhance the actual results of community correction. At the national level, legislation should be strengthened to clear the legal form of the implementing agencies, power of penalty enforcement should be given; various power capability of penalty enforcement for the community corrections execution agencies should be subdivided; the settings for non-custodial penalty should be improved, also "conditional non-prosecution" and "suspend judgment" should be involved in the areas of community correction.