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Empirical Research On The Grassroots Executive Body Of Community Correction

Posted on:2017-03-02Degree:MasterType:Thesis
Country:ChinaCandidate:Y CaoFull Text:PDF
GTID:2296330503459114Subject:Litigation law
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Community correction refes to the criminals conform to the statutory conditions in the community, performed by the specialized agencies in social groups, non-governmental organizations and volunteers with the help of correcting criminal psychology and behavior habits, prompting the offender to a healthy social personality, make the criminals eventually return to society smoothly as a common social members of the system. As a criminal execution, community correction is written in 2010 of "People’s Republic of China Criminal Law". Procedural content- executive body of community correction is written to the "Criminal Procedure Law of The People’s Republic of China"(hereinafter referred to as the "Criminal Procedural Law"). According to "Criminal Procedural Law" Article 258 stipulates: " A convict who is sentenced to supervision without incarceration, is granted probation or parole, or temporarily serves a sentence outside an incarceartion facility shall be subject to community corrections, which shall be executed by a community correction institution. " Community correction institution is one of the body of the enforcement procedure in criminal procedure.Since 2003, community correction in our country has been more than ten years of time. It started in Beijing, Shanghai, Tianjin, Jiangsu, Zhejiang, Shandong six provinces(municipalities). During this period, many professors has carried on the thorough theoretical discussion on community correction. But the research for community correction executive body is few and far between. At present, for lack of executive body of the legislation of community correction, lack of theoretical research, led to the executive body of community correction in the concrete of the difficulties faced in the judicial practice. As the executor of the community correction system, community correction treatments actuators is shouldering the supervision and administration, education, placement assistance, ect. Grassroots executive body as the main executive subject, need to face a lot of convicts and work at the grass-roots level, naturally become the important basis of community correction system. Therefore, the grassroots executive body of community correction plays an important role to effectively raise the quality of community correction. However, in terms of legislation, theoretical research or practices, the grassroots executive body of community correction problem did not get the attention it deservesIn terms of legislation, the current file to guide grassroots work is the "Community Correction Implementation Measures", which is decided by the supreme people’s court, the supreme people’s procuratorate, ministry of public security and ministry of justice. The file only contains 40 articles, so it is difficult to meet the specific implementation of community correction work in the realistic practice of grassroots works. Fourth Plenary Session of the 18 th CPC Central Committee take the way of legislation to strengthen key areas identified the importance and urgency of "to develop community correction act". However, after a year and a half, has not yet released any draft legislation on community correction.In theory studies, our community correction has softly and rigidly problems.In CNKI, choose "community correction" as the theme, keyword search literature retrieval results available for 2897, in the results "executive main body" as keywords to search the literature theme, can get the retrieval results is only 50. In these results, not specifically for grassroots executive body of community correction. Thus, in a journal, grassroots executive body of community correction of the theoretical research, few professors involved. Most study of executive body of community correction only the executive body of grass-roots problems in a blur, there is no specific system study and empirical study.Around in terms of practical operation, due to different levels to the attention of the community correction work at the grass-roots level still exists difference between execution subjects, such as organization setup, supplies and equipment, work environment, quality requirements, etc.This essay chooses grassroots executive body of community correction as a breakthrough point of empirical research, ande try to research by visiting research to obtain data, which about community correction of the grassroots work skill. This essay explores difficulties in the community correction work. At the same time, through the investigation, conclude system problems and loopholes, and refer to the relevant theories of grassroots community correction. Then, reference mature outside community serving system for the grassroots work of community correction, to offer suggestions and advices for our country.This essay is based on survey data from field visits, telephone interviews, questionnaire survey, data collection. Through the contrast analysis, survey research, case analysis and literature research method, complete basic empirical research of grassroots executive body of community correction. This essay includes five chapters.The first chapter mainly expounds community correction grassroots executive body and the related concepts. Including the executive body of community correction, executive institution of community correction, the interpretation of the concept of community correction work staff, etc. These concepts clarify the scope of the topics discussed in this essay, and lay good foundation for the later arguments.The second chapter mainly discuss the difficulties which grassroots executive institutions are facing. On the basis of empirical research and access to relevant data, this chapter mainly focuses on some Practical difficulties, such as unreasonable institutions, supplies insufficiency, the multiple job responsibilities, ect.The third chapter mainly discuss difficulties which grassroots staff in grassroots executive institutions are facing. In the empirical research and statistics based on the questionnaire, this chapter focuses on the number of personnel imbalance, professional quality, low social acceptance and other issues.The fourth chapter mainly summarizes the outside community serving system performed in the body construction experience. This essay gives up the general national classification method, but distinguishs from three aspects, including the executing agency, personnel and related useful experience. Then, for the systematic construction of executive body to provide reference.The fifth chapter mainly for the grassroots executive body puts forward suggestions on the construction of a systematic. In this essay, two "pyramid" type of system construction proposals.Through systematic construction, improve the grassroots organizations and the construction of grassroots work team, forming the upper and lower linkage of institutional settings and "1 + X + n X" team composition.
Keywords/Search Tags:Community correction, Executive body, grassroots, empirical research
PDF Full Text Request
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