Research On Chinese Procuratorial Supervision Mechanism Of Community Corrections

Since the8th Amendment of Criminal Law in2011to the new Law of Criminal Procedure have been putted into effect in2013, both are definitive expression with legislation that the criminal offenders who were sentenced to public surveillance, probation, parole and serving his sentence outside prison temporarily will be carried out community correction. This is the first time to formulate community correction by the legislation in our country, means that is brought into legal system officially. To supervise every link of communication correction in which benefit to guarantee its smooth development. Therefore, carry on prosecutorial supervision for communication correction conducted is especially important.We come to verify what the meaning of the prosecutorial supervision for community correction which is according to the supervision, education and help these three primary missions. That meaning, according to the law, the state procuratorial organ, is legal for judgment or declaration for community correction, as well as community correction institution legally supervise to prisoners who are supervised, educated and helped, and conform with the correction conditions in the community. Therefore, the content of prosecutorial supervision of community correction is judicial administration’s administrative action in following six steps:investigation and evaluation, adjudication and application, delivery and execution, management and supervision, changed execution, terminate execution. After definite above, then combined with its necessary and analyzed relevant theoretical support, is lay foundation for community correction studying.Over ten years the community correction has been tried in China, every procuratorial organ located found out prosecutorial supervision model which suitable to own situation. From the point of prosecutorial supervision organization pattern of community correction, it has Office of the Attorney General, the Police Agency and Prison Supervision Department. From the representative point of that every experimental unit’, it has the Procuratorial organs of Huairou district on behalf of the "Beijing pattern", Xuhui district on behalf of "Shanghai pattern", Tianxin district on behalf of "Hunan pattern".However, the prosecutorial supervision of community correction exposed many problems that affected its effectiveness on the practice process of exploration. The main issues that the law and regulations of right of supervision are over principle which the procuratorial organ relied on, and lack of maneuverability. It’s very unitary that the law stipulated the means of supervision of procuratorial organ, which is just limited to three forms of offering correction suggest, sending correct illegal notice and the supervision of the proposal, and it is no stipulate to how conduct the judicial administrative organs after that ignore the means of supervision of public prosecution. Supervised time lag means we have to conduct prosecutorial supervision after the court make implement decision. Prosecutorial organ, unable to make precise role orientation in community correction, and whose function often makes confusion with judicial administration’, so that affect it performs independent status for procuratorial power. Procuratorial organ itself has unreasonable institution setting as well as badly understaffed on community correction aspect, that hard to guarantee the quality of prosecutorial supervision. Above issues all hinder the right of supervision of procuratorial organ brought into play, so that impacted the community correction’s effectiveness. In all, among the reasons for those problems is community correction practice in the exploration stage at our country, and still no strong laws, regulations and complete legal system for matching up it.According the issues existing in the practice of community correction prosecutorial supervision, we are trying to offer some piece advice following:First, perfect legal urgently, and legislate higher rank law to guarantee the inspective supervisory authority of procuratorial organ. Then, the procuratorial organ is bound to clear own orientation in the process of community correction, and perform the right of inspection as one neutral supervisor but directly participate in the community correction as one participator. Last, for the community correction that, the procuratorial organ work must be refined, specified that every part’ supervision right has been bringing into play, to insure the connection for every part does not appear blank of supervision. The procuratorial organ should establish one strong working mechanism, enhancing the procuratorial organ connection with other administrative organs, rational optimized the internal work of procuratorial organ, and build information sharing mechanism among procuratorial organs inside with some departments such public security organ, Law Courts, judicial administrative organ and Prison to share social resources, so that improve the efficiency of prosecutorial supervision.