Legal Consideration On The Executive Agency Of Community Correct In China

With the progress of penal philosophy and punishment way, community correction has attracted world wide attention. Community correction, as a non-custodial penalty enforcement mode, which reflects an inevitable trend in social development, civilization progress and legal construction, is an important means to strengthen the social management and innovation, and it’s also a new function of the judicial administrative department. In the community environment, the community inmates keep in touch with their families and society, own the natural affection and the friendship, will not have a strange heaviness in their hearts. They can learn work skills and do paid work. It makes criminals return to society easier. Community correction has been adopted by developed countries such as Britain, the United States for more than two hundred years, which is ripe day by day. There are problems existed in activities because of short period of appearance and development. In order to guarantee the proper execution of the community correction, maintain the authority and the dignity of the punishment, we should pay out more effort to study on the executive system of community correct, which can push the development and improvement of society.The paper bases on the practice of community correction, from a view of judicial administrative organs, points out the rules and flaws of the executive agency of community correct in present law, gives an evaluation on the executive agency, affirms the rationality of judicature administrative organ as the executive agency of community correct, analyzes dilemmas of executive agency. Dilemmas, such as uncertain executive body that due to conflict of laws and regulatory documents, poor convergence between different departments that caused by legal gaps, regulatory measures that is difficult to push through, talents shortage, and insufficient funds, etc. Then based on the advanced experience from foreign countries, the paper gives some thinking on the construction of unified national community correction executive agency.The paper is divided into four parts:the first part is an overview on the executive agency of community correct. In the first place, this chapter expounds the present situation of our community correction actuators, points out the rules and flaws of the executive agency of community correct in present laws and regulatory documents. It also introduces several mechanism modes of community correction in Dalian city. Next, as executive body, this paper assesses the advantages and disadvantages for the police station and office of justice. In the second part of this paper, five problems are discussed, including uncertain executive body caused by conflict of laws and regulatory documents, poor convergence caused by legal gaps, half-baked regulatory measures caused by non-authorized, talents shortage and insufficient funds.In part three, using the successful experiences of foreign community corrections and domestic imprisonment penalty mechanism-the prison, including organization, legal duty, relevant laws, staff and expenditure, the paper gives a construction standard of executive body. China should set up a special community correction enforcement mechanism, furnish the legal duty, enact relevant laws, and equipped with a full-time staff and funds.In part four, the author surveys the construction of unified national community correction executive agency. This chapter is divided into three parts. First, the paper clarifies the executive agency should be rectified at the county level, and entitled the rights through legislation, introduces the reason and set mode. Second, it introduces the staff composition. Third, it elaborates the establishing perfect work mechanism, including innovative regulatory mechanism of community correction, establishing department coordination linkage mechanism, perfect safeguard mechanism of community correction and so on.