On The Perfection Of China’s Community Correction System

Community correction, is a new penalty of imprisonment execution mode is concerned, will meet the conditions of community correction offenders in the community, by the special social groups in the relevant state organs and civil society organizations and volunteers, in the judgment, ruling or decision within the time limit set, to rectify the criminal psychology and bad behavior, promote the smooth return of non imprisonment penalty. Practice has proved, the community correction in the promotion of the criminals return to society, and rational allocation of resources, to avoid cross infection of criminal offenders, reduce the execution cost, is of great significance to promote the virtuous cycle of public order, has been widely used in many developed countries. In developed countries, such as Britain American, community correction work started earlier, has now developed to a relatively mature stage, has formed a set of scientific, rational, standardized system and relevant laws and regulations. Comparatively speaking, the community correction system in China is still in the exploratory stage, the relevant legal system is not perfect, hindered the development of community correction work, this paper aims at the current our country community correction problem is divided into four parts for perfect community correction legal system to explore.The first part of the legal concept of community correction, community correction and the legal significance of community correction in China are introduced. The second part introduces the development of community correction in China and the relevant laws. A legal system of community correction in China are "criminal law amendment (eight)" in2012,"the provisions of the criminal procedure law amendment","the provisions of the measures for the implementation of community correction" and all levels of government departments normative documents. At present, establish "community correction law" has been listed by the State Council Legislative Work plan. The third part is the analysis of the main problems of our community correction legal system exists. One is the lack of unified legal guidance, legislation lags behind; the two is the non imprisonment penalty is less common; three is not perfect Juvenile Delinquency Community Correction special provisions; four of community correction is the lack of the necessary legal supervision mechanism. In order to explain the necessity and urgency in our country to improve the legal system of the community correction.The fourth part on the basis of the foregoing, the author put forward to perfect our legal system of community correction suggestions. One is the reasonable function orientation of community correction science; two is a perfect community correction legislation, especially as soon as possible on the "community correction law"; the three is from the aspect of legislation to expand the type and scope of community correction; the four is to establish and perfect the juvenile offenders community correction legal norms; the five is to improve the community correction law the supervision mechanism, strengthen supervision of community correction, decision, implementation, cancel the trial each link; six is the establishment of community correction sentencing personality survey system.