The Dilemma And Suggestion In The Implementation,Supervision Of Primary Level Of Community Correction

Community Correction is "exotic"for China, as a non-custodial form of execution mode, itoriginated in England in the mid-19th century for helping teenagers who have the possibility of returning to the society after commiting crime by putting them under the tutelage of their guardians, instead of prison. Undoubtedly,this system has a strong humanitarian aura and highlights the democracy. Therefore, it is widely applied in the Western countries afterwards. However, it is relatively tough to apply this community correction system in China. At the beginning of this century, China started applying this system in some pilot areas, and it was not formally established until 2011 by the promulgation and implementation of the "Criminal Law Amendment (eight)". Whereas,it has not been an unified legal definition of the concept about this punishment implementation and even a formal legislation about the community correction system. The only one regulation is called "Measures for the Implementation of Community Correction", promulgated in 2012, being the legal basis of China’s community correction work.This thesis is based on the current situation of the community correction in China through researching the implementation and supervision situation of the district’s community correction which author lives. Combining with actual prosecuting supervising cases, this thesis focuses on the primary-level community correction work. Moreover, by analyzing the dilemma of the implementation and supervision to community correction, this thesis puts forward some factual suggestions on account of lacking of legislation, organization structure, staff composition, financial support, information exchange, community inclusion, etc.This thesis has four parts. The first part talks about the origin and development of the community correction. The second part mentions the current situation of the community correction in China, including development process, current situation and the overview of the advantages and disadvantages. The third part is the current situation and dilemma of community correction in XX District, Jinan, including the status of implementation, difficulties of Judicial offices to implement, current situation of supervising and the difficulties of prosecution to supervise. The last part is about suggestion to the difficulties of primary-level community correction, such as legislative perfection, improving system, improving the community correction of participants, financial support, improving the personnel quality, reform in education of community correction, etc.