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Research On The System Of Community Correction

Posted on:2017-02-19Degree:MasterType:Thesis
Country:ChinaCandidate:L W LiaoFull Text:PDF
GTID:2296330482964493Subject:Law in Practice
Abstract/Summary:PDF Full Text Request
Community correction is a non-custodial penalty system in China. The pilot project was launched in China in 2003, and became a nation wide trial in 2009. Through twelve years of implementation, this penalty system has achieved substantial political effect, legal effect and social effect, putting to an end the phenomena of the non-custodial penalty criminals being left unsupervised, unedcuated and left to their own devices.As China is a state of unitary statute laws, it is necessary to develop a unified law to regulate the community correction. Meanwhile, our country has a vast territory with imbalanced regional economic and social developments. The progress and effect of community correction differ from region to region with conspicuous contradictions between theoretical law implementation and the real practice.The Decision in Major Issues of Promoting the Rule of Law released in The Fourth Plenary Session of the 18th CPC Central Committee has made a clear regulation for community correction methods.We must fully gauge the differences between regions, and determine scientific principles, measures, and security before formulating the unified community correction law to ensure that the policy of the community correction law can conform to the reality of national conditions and the transplanted laws can reflect their value.The Amendment VIII to the Criminal Law passed in 2011, The Measures for the Implementation of Community Correction passed in 2012, and the Modification of the Criminal Procedure Law in 2012 have laid a solid legal foundation for community correction step by step. Community correction in China has been progressing rapidly. But the overall national community correction work situation is still imbalanced with Through analyzing a series of problems encountered in the process of carrying out community correction in F City, this paper puts forward the specific suggestions of improving the community correction system by comparing the characteristics of the community correction in F city with those of the domestic and foreign community correction. The author believes that we should set up the community correction system in accordance with the specific conditions of our country in the aspects of legislation, basic construction and improving mechanism, make the law transplant better apply to the local environment of our country. One is the legislative level. "Community correction law" promulgated should not be anxious, should not be fine, improve the implementation process. Another is the basis of building level. Actively promote community building, improve the community function, strengthen the funding, material security, the establishment of a high-quality community corrections team. The third is the perfect mechanism. Establish efficient coordination mechanism, improve the mechanism to create a good atmosphere of social participation.
Keywords/Search Tags:Community Correction, Law Transplantation, Mechanism Construction
PDF Full Text Request
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