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Research On The Legal Supervision Of Community Correction

Posted on:2017-01-03Degree:MasterType:Thesis
Country:ChinaCandidate:Y Y PanFull Text:PDF
GTID:2296330482964453Subject:Law in Practice
Abstract/Summary:PDF Full Text Request
The current international society, the national judicial system will get over the anamnesis of severe punishment, open has become a main trend, and the community correction is open, light as its a way of execution. As is known to all, any public power requires supervision and checks and balances, based on this, in the implementation of community correction in the process of judicial mode, how to ensure that community correction to authorities, enforcement authorities in accordance with the law, fairness and justice, how to protect the legitimate rights and interests of the community correction object, how to prevent malpractice regulatory authorities and community correction workers to take off the tube and tube leakage, to crime, it will need a supervisory authority to checks and balances. Community correction legal supervision is the community correction work in accordance with the law, open, fair and reasonable to carry out the powerful guarantee of timely supervision. Community correction legal supervision is not community correction object, but rather take delivery, management, and correct execution outside prison, the public security organs and judicial administrative organs of the people’s court department of justice, law enforcement, to started the activities of the state organs is legal supervision. In the judicial system in our country, which is borne by the procuratorial organs, oversight body. In the community correction legal supervision, it is of all kinds of community correction object in accordance with the law and justice reform and an important way of management.In the practice of community correction, community correction legal supervision has played a very good function of supervision and checks and balances. Around the procuratorial organ in the supervision and continuously explore, try, innovation by a multitude of supervision mode, established a number of specific supervision measures, good supervision effect is obtained. In jiangxi province for example, many of the procuratorial organs have with justice bureau, telecommunication bureau successful docking GPS mobile phone positioning system, realize the dynamic legal supervision of community correction object. Prosecutors as long as the control platform through a computer, you can understand the trajectory correction object’s current position, activities at any time, and so on and so forth. If cannot leave the county, city, district correction according to the regulation object once to leave, the system will immediately report to the police, the correct object would also receive send warning message system, effectively prevent the occurrence of the tube, pipe leakage. The advanced approach is widely adopted in the province, county and city people’s procuratorate some places are already successful docking GPS mobile phone positioning system, the community correction object dynamic supervision and local area network is gradually formed. As with other new system, the system of community correction system is in a stage of building framework, need more to enrich and perfect laws and regulations. Concrete is mainly embodied in the new points will not like minors litigation system of community correction system into the special procedure shall be detailed rules, only in a brief article number to confirm its legal status; And the "measures for the implementation of community correction rules also not detailed enough, to various organs work procedures, cohesion, cooperation mechanism and the differences between the relief, conflict, solutions such as there is no detailed provisions. These institutional loopholes and defects of the current has produced a lot of realistic problems in practice. As most of the procuratorial organ to cooperate community correction is often heavy and light. In the process of community correction, many local prosecutors believe that their identity is the judicial administrative organs of the helper or the community correction of the participants, and don’t think the procuratorial organ is independent supervisors. In personnel, because of the procuratorial department inherent inertia procuratorial functions and work for a long time, mainly within the manpower and material resources are used to the high wall of inmates on the supervision of community correction of sentence outside prison procuratorial supervision both personnel and energy inputs are relatively few. From the procuratorial organs of the procuratorial department, personnel generally lack, and personnel structure relative to aging, some local procuratorial organs of procuratorial departments become old comrade before retiring to rest sector; As a result, the supervisor level is limited, conservative weak supervision measures. So the community correction legal supervision organ should improve supervision consciousness, cultivating talents, strengthening the supervision ability. Procuratorial organ in the supervision and supervision personnel, must set up tolerance consciousness, the supervision of supervisory emphases, is not a correction of the community correction organs and object of all behaviors and detail steps to supervise. In addition, you should set up the consciousness of paying equal attention to both entity and procedure supervision, will ever ignore to supervise the substantive problems or only emphasis on procedure of supervision, supervision and problems of the one-sided view change. Can also through the appraisal, with case reasoning, the relevant legal document, against the debate of community correction legal supervision personnel supervision system to improve the ability to perform, firm business foundation. In addition, targeted response to community correction legal supervision personnel training, improve their ability to solve specific problems in the practice of community correction. In terms of mechanism perfect, shall be implemented from the community correction legal supervision intervention mechanism, guarantee mechanism, responsibility and rewards and punishment mechanism and judicial organs, method, the department of the linkage mechanism between the aspects to be perfected. The amendment of criminal procedural law of 2013, has a great influence to community correction in China, both confirmed its legal status, also marks the establishment of the system of community correction in our country. Community correction legal supervision as the main part of the community correction system, also in constant exploration, innovation, and correction.
Keywords/Search Tags:Community correction, Legal supervision, Pre trial investigation and assessment, Position of procuratorial organs, Perfect mechanism
PDF Full Text Request
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