Research On The Pre-review Procedure Of Community Correction

Recently years, Community Correction has grown its popularity in China. This system has widely aroused attention by scholars in Criminal procedure and been applied in the legal practice. The Pre-review Procedure is mainly to prereview and evaluate whether the criminal has met the threshold to apply the Community Correction. This proceduis mainly based on the theories of Restorative Justice, Social Defense, Criminal Anthropology,Individualization of Sentencing, Criminal Psychology, etc. The Pre-review procedure is also a reflection of principle of temper justice wimercy and procedural constitutionality, balanced the justice and efficiency in criminal law. By applying this Pre-review, it would be helpful to improve the status quo of Community Correction in China, fully fulfill the justice valuof Community Correction, reduce public criticize, enhance justice authority of China and achieve the unity of legal effect and social effect of Community Correction.As far back as in 2003, the pilot work of Community Correction has been taken in several big cities of China by the alliance of the Supreme People’s Court, the Supreme People’s Procuratorate, the Ministry of Public Security and the Ministry of Justice. The system of Community Correction is applied nationwide upon the issuance of the new amendment of Criminal Law in 2011. However, the regulations in relation to Community Correction are still general and preliminary. Even though the Measures for the Implementation of Community Correction and similar regulations in certain provinces has stipulate many details in respect of the procedure of Community Correction, there are many problem in the system of Community Correction of China to be solved, for example: the delay invention of the Pre-review procedure, the unenforceable and inconsistent of procedure regulation, the unclear of review subject and review content, etc. All these problems in the system caused the carelessness and Arbitrariness in the judicial enforcement department. The lack of legal effect for the Pre-review procedure of Community Correction also restricts the general result of the Community Correction system.Therefore, on the basis of the developed experience of foreign countries such as US and UK, this thesis makes an advanced analysis improvement in respect of the Pre-review procedure of Community Correction. It details the subjects of review procedure in accordance with the phases of the procedure in order to promote the corporation of different legal departments. In regard with different criminals that proposed to apply Community Correction, it should be mandatory to take a Pre-review. The thesis also discusses the perfect of the review content and investigation method of the Pre-review procedure, setting specific standard of review. The supervision and regulation of the Pre-review procedure needs to be improved. The challenge system should be set in the Pre-review procedure. By all these improving measures related to the Pre-review of Community Correction, the problems exists in the application of Community Correction could be well solved, so the Community Correction system can work as justice and orderly as it can.