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The Reasonable Improvement Of The Evaluation Mechanism Of The Community Correction In Our Country

Posted on:2017-02-02Degree:MasterType:Thesis
Country:ChinaCandidate:L H FengFull Text:PDF
GTID:2296330482489348Subject:Punishment law
Abstract/Summary:PDF Full Text Request
As a way of enforcement of non-imprisonment penalty, community-based correction refers to making criminals under surveillance, probation, parole and temporary approval for serving a sentence outside prison serve their sentences in communities. However, as for whether a criminal meets conditions of community-based sentence, it should be determined by patient and careful investigations and interviews conducted by personnel from his or her residence, place of work, neighborhood(village) committee and local police station in the jurisdiction, through which his or her behaviors in the past, life experience, work experience, subjective attitude toward repentance and the possibility of recidivism can be understood and thus an evaluation report can be prepared for reference by entrusting authority.At present, there are some difficulties and problems in practices of pre-trial investigation and evaluation for community-based correction, which should be improved. Legal rights and obligations of subject for investigation and evaluation are not clear. Subject of investigation is generalized, for which objectivity and impartiality can’t be completely guaranteed. Respondents may not cooperate with investigators, which may lead to failure of normal investigation. These factors may have a direct impact on objectivity and impartiality of investigation and evaluation results and thus cause potential risks for enforcement of subsequent community-based correction. Without legal support and system support, no sufficient importance is attached to pre-trial social investigations. Many problems restrict implementation and development of this work, such as that some investigation reports and evaluation opinions were rejected by courts; investigation reports were submitted after determination by courts; there is no scientific, standardized and uniform format of pre-trial investigation report; content of such report isn’t sufficiently scientific and reasonable; investigators don’t have high professional quality; investigation and evaluation procedures and the system are incomplete, etc.In this paper, theoretical analysis method, practical analysis method and intercomparison method are used to conduct analysis and research on problems existing in practices, based on which a comparison between personality investigation system currently adopted by China and those adopted by other countries is conducted. Some shortcomings of pre-trial investigation and evaluation currently conducted in China are pointed out. Then based on reference to some experiences obtained in relevant works in other countries, a pre-trial social investigation and evaluation system can be established through legislation. Subject of investigation and its rights and obligations should be further completed. Content of pre-trial investigation and evaluation should be improved and a uniform format of investigation report should be established. Strength of grassroots offices of justice and professional quality of their personnel should be continuously increased. In addition, investigation and evaluation procedures should be standardized, and investigation and evaluation system should be improved in order to ensure objectivity and impartiality of pre-trial investigation and evaluation results and lay a strong foundation for enforcement of community-based correction in China. Some suggestions on reasonable improvement in pre-trial investigation and evaluation system for community-based correction in China are put forward in this paper.
Keywords/Search Tags:Pre-trial Investigation, Classification Mode, Improvement
PDF Full Text Request
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