The Study On Community Correction System Of China

Community correction is the means of penalty in which the education for community correction offenders is carried out in the community instead of prison. Different from the old concept of prison correction, the community correction offenders can accept the correction in the society. Under the background of the human rights, the execution efficiency, the austerity of criminal law and other theories, community correction as the non-custodial penalty, has been more and more important in the development and reform of penalty system in every country around the world. The legal status of community correction system in our country was officially confirmed by the "Amendment to the Criminal Law of the People’s Republic of China (Eighth Edition)"in2011. Nevertheless, the existing regulations and laws of community correction in our country still can not meet the needs in reality, and there still exist many problems in the links of the application and execution of community correction. Compared with developed western countries, there is a great disparity on community correction.This paper based on the theoretical research on community correction system, combining with the current problems in practical work of community correction, analyses the current status of community correction system in our country, and puts forward some improvement measures and feasible solutions. Hereby, this paper is divided into four parts as below:Part One:Based on the research of the basic issues of community correction system, clarify the definition, theoretical basis and development of community correction, and expound the realistic value of it. Part Two: Based on the comparison of legislation concerning community correction system in different countries, summarizing from legal norms, management mechanism, correction forms and correction executors, analyses the advantages and characteristics of it, and puts forward some enlightenment and references for community correction in our country. Part Three:Based on the practical situation of community correction in our country, takes a rational anatomy on our statues from legislation and practice, finds out the problems and deficiency, such as the confusion in duty and right between the law enforcement agency, the program connection, the supervision measure of correction and so on. Part Four:From legislation and practice, puts forward the improvement measures for the perfection of community correction system in our country, so that community correction system become more feasible for the complex actual situation in our country, achieving the goal to guarantee human rights.Community correction is a positive embodiment in the process of democratic institutionalization in our country. The success of educating and reforming the community correction offenders is not only related to the stability and solidarity of our social but also to the life security of people conscientiously. Therefore, by using the non-custodial penalty system in other countries for reference, take active practice and grope the community correction system corresponding to actual situation in our country.