The Empirical Study Of Community Correction In China

With the advancement of human concept of punishment, the prison sentence simple concept of punishment and reward has been non-confinement penalty correction, the education idea gradually replaced. As a typical representative of the non-confinement penalty- community correction, originally from Europe and the United States in the west. All countries in the world the socialization, melt penalty punishment, the process of promoting the vigorous development of community correction, the community correction also reflects the human system of execution by prison in steering for the community in meet the trend of development, reflects the criminal punishment system from the historical development rule of Kevin. In order to adapt to the development of the concept of punishment law and the development trend of the socialization, melt, push forward the reform of system of execution in our country, corresponding to the criminal policy of tempering justice with mercy in our country, at the beginning of the 21 st century our country to carry out the community correction pilot work. We after 10 years of unremitting efforts, community correction has obtained great achievement, plays a positive role in the judicial practice. But limited to the basic national conditions of our country, community correction of the overall development level is still low, the road to development is faced with great difficulty, must be based on the reflection of reality, seek new development for its way out, and to perfect this system. Although the criminal law amendment(eight) ‘‘new’’ criminal procedural law and made clear its legal status, but compared with the European and American countries, it also has many shortcomings. In order to promote further development of the community correction in our country, meet the demands of our country’ s criminal policy of tempering justice with mercy, and at this point, the author first expounds the basic connotation of community correction, the theoretical basis of the characteristics of community correction and the principle, the formation and development of community correction in foreign countries are introduced, and the main mode of the foreign community correction are introduced. Then based on the investigation of anyang city A area, analysis of community correction in our country’s actual work, put forward the main problems of community correction in our country, finally aimed at these problems, according to foreign experience and the current our country’s economic base, cultural background and the related criminal policy puts forward some countermeasures to improve the perfection of community correction in China. Hope to contribute to the development of community correction in China. Then based on the investigation of Anyang city A area, analysis of community correction in our country’s actual work, put forward the main problems of community correction in our country, finally aimed at these problems, according to foreign experience and the current our country’s economic base, cultural background and the related criminal policy puts forward some countermeasures to improve the perfection of community correction in China. Hope to contribute to the development of community correction in China.Remove the summary and conclusion, this paper will be divided into four parts:The first part, first of all, expounds the concept of community correction, the community correction, defined the basic meaning, let everybody to have a comprehensive understanding of community correction. Secondly, analysis the characteristic of community correction, namely the community correction of non prison, punitive, sociality and gentle, have intuitive understanding of community correction. Theoretical basis of community correction, the punishment of the humanitarian idea, qian mental suppression of criminal law, criminology label theory, the revival of deepening theory, the economic principles and resetting the judicial punishment idea, on the basis of verify the development of community correction in conformity with the penalty opinions. Finally, introduced the formation and development of community correction, as well as the main mode of the foreign community correction, provide a reference for the further development of community correction.The second part first introduces the formation and development of community correction in China, mainly introduced the community correction in our country when certain economic and cultural background of the development of the prototype, and then the specific provisions of community correction in the relevant domestic laws. Secondly to anyang city area A community correction as investigation object, summarizes the status of A zone community correction and its main methods, for the following in A zone as an example of community correction problem of community correction in our country play A key role.The third part of the present situation and practice of community correction in A zone as an example, from the legislation of community correction in China, the construction of the community correction, community correction work in the community environment, community correction expenses for people’s concept of punishment in our country and put forward main problems of community correction are widespread in China.The fourth part the author aiming at problems of community correction in the local constraints, to perfect relevant legal system, team construction of community correction, update the concept of punishment several aspects put forward his own word.