Study On The Community Correction System Of Rewards And Penalties

Community correction has established non-confinement penalty execution system in China. With the community correction from the pilot to the full trial, marking China’s penalty enforcement system-imprisonment execution and implementation of non custodial sentence complementary to each other take shape. Both the prison correction and non imprisonment correction should follow the general principle of paying equal attention to incentive and constraint, education and punishment on the rehabilitation of offenders. China’s prison management regulations have established the incentive mechanism and formed a relatively mature system. However,China’s community correction from 2003 to start a pilot, the relevant system is still in the exploratory stage and experience, the community correction system of rewards and penalties has not been formed. “Community correction law” has been incorporated into 2015 the NPC Standing Committee legislative priorities. This paper attempts to construct the community correction system of rewards and penalties, in order to contribute to the construction of the system.The first chapter mainly discusses the nature of community correction and the power properties. Based on the analysis of a large number of views, the author thinks that the nature of community correction is a non imprisonment penalty; in the authority attribute, community correction belongs to administrative power, but does not belong to the judicial power, laying the theoretical foundation for the design of the system.The second chapter combs the current situation of the community correction system of rewards and penalties, summarizes the judicial practice in the main types, advantages and disadvantages of rewards and punishments measures. In depth investigation foundation, the author puts forward the existence insufficiency of single measures, unbalanced design, applicable imbalance, limited enforcement powers, ineffective supervision, and lack of relief system and so on.The third chapter mainly discusses around the construction of the system. Based on the discussion on the views of scholars,the author tries to build the system of the basis, types, subjects and programs of the community correction system of rewards and penalties.The fourth chapter further expands the research vision, to focus on the community correction system of rewards and penalties,and then stretching the focal length, extended to intermediate sanctions, legal supervision and relief system, trying to build a more perfect chain of the community correction system of rewards and penalties.