The Improvement Of The Type And The Executive Way Of Community Correction Under The Background Of Social Implementation Of Punishment

In the1950’s, some western countries began to study social implementation ofpunishment. Since the later period of1960’s, reducing the imprisonment especiallyshort-term imprisonment penalty has become the core target of the criminal policy ofEuropean countries. In1990, the eighth United Nations Community Crime Preventionand treatment of offenders Congress passed “the United Nations Minimum StandardRules for non-custodial measures”. In2000, the European Commission adopted the“Ministerial Committee members about the implementation and improvement of therule of European Community sanctions and measures (2000) No.22suggestions”. Itput forward requirements on non-custodial measures. Therefore, the punishmentexecution mode of most countries are undergoing the shift from primarily byimprisoned the punishment to by non-custodial penalty. Community correctionmethods, such as probation, parole, community service etc.，have been widely used inwestern countries. Social implementation of punishment has become the maindirection of the development of international criminal justice.The socialization of penalty can effectively avoid the abuse of imprisonment. Itis conducive to the criminals to return to society, and realize re-socialization smoothly.In response to the trend of social implementation of punishment, giving full play tothe function of community correction, China need to develop and improve theexisting system of community correction. This paper takes China’s communitycorrection work status as the breakthrough point, and takes ten years’ community correction data of Shanghai Jiading District as an example. It Analyses the applicationof community correction and the existing shortcomings in the practice. The mainproblems of community correction are as follows: The type of community correctionis single and the application of it is narrow；The executive way is lack of diversity,pertinence, and the punishment is weak; The system of mutual transformationbetween deferent penalty way is missing; The execution of injunction is difficult, andso on. In order to solve these problems, the author analyzes the causes of the problemsfrom a practical point of view, and by way of comparative study, introduces theforeign community correction legislation and practice. On the basis of this, the authordraw lessons from the rational composition among them, and put forward suggestionto improve our community correction system, mainly from three aspects: First of all,based on the existing institutional framework of probation, parole and temporaryexecution outside prison, it’s needed to explore the system value of executing theprison-based sentence by the way of non-custodial, further expand the scope ofapplication, enrich the type of probation, parole, regulate the specific executionprocedures; Secondly, it’s needed to further improve the only non-imprisonmentpunishment–public surveillance. we should establish the system of mutualtransformation from public surveillance to other penalty way, and create a newnon-imprisonment punishment, namely attendance orders of teenagers; Thirdly is tofurther enrich the enforcement measures of community correction. It’s needed tofurther expand the scope of injunction, specify the content, and introduce the systemof curfew. It’s needed to set transition system which is similar to halfway houses,establish the system of home confinement, and establish security system ofcommunity correction. These methods will make the execution of communitycorrection to be more diversified, flexible and specific, which can not only reflect thepunitive penalty, but also realize the function of community correction.Last year, the NPC Standing Committee passed a repeal about the abolishment ofthe reeducation through labor, and pointed out that we should improve the system ofcommunity correction. Community correction work ushered a rare historicalopportunity, therefore, we should perfect the existing types of community correctionand means of implementation, further improve the system of community correctionwhich should be accorded with the situation of our country, push forward thedevelopment of the community correction work.