The Problems And Improvements Of Community Correction At The Present Stage

Community correction originated in western countries, although it has beencarried out at the whole country for decades since its trial implementation in2003, itis still at the starting stage of development in our country. Along with the pushingforward of community correction work in recent years, many problems in practiceneed to be improved and solved, meanwhile the defects and deficiency on institutionallevel appear gradually. This dissertation aims to ascertain the legislation deficiency ofcommunity correction in our country at the present stage, to analyze the defects of thecommunity correction practice, and to give advice how to improve communitycorrection.The dissertation consists of introduction and three chapters. The introductionmainly expands the purpose and significance to research community correction, andbriefly introduces the general situation of community correction in our country andresearch method in this thesis.The first chapter mainly researches legislation deficiency of communitycorrection. The dissertation expands detailedly the problems such that the level ofconjunct regulation is too low, the fundamental law lacks detailed regulations, theMeasures for the Implementation of Community Correction needs improvement, andrelated laws and regulations conflict after reviewing the development history ofcommunity correction in our country, and analyzing the present situation of thelegislation of community correction.The second chapter dissects the practice defects of community correction.According to the survey results as the main argument, the thesis expounds the problems from four aspects including the cognition of community correction, thesubject of community correction,the institution of community correction and theobject of community correction after the questionnaire investigation and individualinterview to the community correction staff by author. The first is that theacceptance for community correction in our country is not very high. The second isthat the specialization degree of various personnel subjects such as communitycorrection of full-time cadres, community correction social workers and communitycorrection volunteers is not high. The third is that the cooperation and connectionbetween relevant institutions such as the prison, the public security, procuratorialorgans, judicial organs and the judicial administrative organs. The fourth is that themanagement for correction objects is difficult.The third chapter gives suggestions to improve community correction. Firstly,we need improvements on the legislative path of community correction and thesupport from regulations, which include the legislative norms of communitycorrection system from the procedure and the improvement on the legislation ofcommunity correction from the entity content. The main improvements include thelegislation on power of law execution of administrative organization of justice, thelegislation on division of responsibilities of correctional institutions, the legislationon the local government’s guarantee responsibility and the legislation on the speciallegislation of special rectification object. Secondly, we need to improve themanagement system of community correction and standardize the process. In detail,we need to strengthen the linkage mechanism of the judicial administrative organsand relevant institutions and improve the management system of communitycorrection. We should execute the transition and coherence of the law enforcementpower of public security organs, strengthen coordination and coherence of theprison correction and community correction, exert the supervision and coordinationfunctions of procuratorial organs, improve the pre-trial social investigation systemcontinuously and improve the jurisdiction objection settlement mechanism ofjudicial administrative organs. Meanwhile, we should strengthen the awareness ofthe importance of community correction and coordinate the function departmentsand social forces to join. Thirdly, we should strengthen the construction ofcommunity correction team and establish guarantee from the organization. We needto explore the establishment of community correction officer system, to promote theprofessional construction of correction social worker team via professionalism and to strengthen continuously the cultivation and construction of volunteer team.Finally, we should increase the fiscal input for community correction, and establishguarantee from the funds. The guarantee of funds is the premise to carry out thework of community correction and we should establish a multi-level, scientific andreasonable funding guarantee system of community correction.