The Research On Community Correction In Practice

Since 2003, the Supreme People’s Court, the Supreme People’s Procuratorate, Ministry of Public Security and the Ministry of Justice jointly issued "Regarding Launching Community Correction Experiments", and then to" Criminal Law Amendment (eight) "in 2011 and in 2012 the two supremes and the two ministries issued and implemented "the Regulations about implementing Community Correction", community correction as a kind of legal non-confinement penalty execution system has formally established in China and has spread all over the country. At the same time, through using the summed experience of the advanced developed areas where carried out the community correction, the other areas are in the progress of "localization" of the community correction. So it is difficult to avoid that the economy, population, education and other factors cause that the successful experience can’t use in some areas.This paper through visiting investigations and comparative study, sum up some main problems which can’t be solved by the existing successful experience in hunan area for the moment, and study the current status of community correction in china, contrasting with the mature experience in United States, then put forward specific suggestions and countermeasures.This paper is divided into four parts.Introduction part introduce that the background of the topic, related dynamic research and the goal and the significance of this paper.The first part introduces the concept and current situation of community correction, including the concept of community correction, the present situation of community correction in our country, and focuses on the related study of community correction in the United States. By understanding the concept of community correction, and the current status of community correction in our country, we can realize the real status of community correction in our country at present. And through using the community correction data which is first-hand obtained by author in the United States current, this part introduces and analyzes the community correction system and related system running status in the United States.The second part introduces several typical pilot unit of community correction in China’s experience which are Beijing model that mainly emphasize the seriousness of judicial and penal then the community security; Shanghai model that focuses on the non-governmental part participate the community correction work and pay attention to solving problems; Jiangsu model is mainly using social network science and technology management the community correction work.The third part, it sum up the main problems which can’t be solved through the existing successful experience for the moment. And the problems are pretrial procedure problems, the law enforcement issues of community correction, the correction work is complicated and overloaded and the problems of team of law enforcement, juvenile community correction problems and financial problems.The fourth part, the paper puts forward some specific suggestions and countermeasures:1. improve the pesentence investigation report from various aspects, to make it more pertinent, and bring the guarantee system into the investigation report; 2. Give enforcement powers to the community correction law enforcement, or even make them been official polices; 3. Set up a corresponding systems which are aim at the education of juvenile offenders, the management of juvenile offenders, the protection of juvenile offenders, the specifically correct team set up for juvenile offenders; 4. A helpful budget and creative "self-sufficiency".