Research On The Legal Countermeasures Of Community Correction Team Construction

In 2003, the Supreme People's Court, the Supreme People's Procuratorate, the Ministry of Public Security and the Ministry of Justice jointly issued The Notice on Carrying out Community Correction, to develop the pilot work of community correction. In 2004, Interim Procedures of the Judicial Administrative Organ of Community Correction which stipulates the methods of carrying out community correction was published by the Ministry of Justice. In 2005, community correction pilot cities expand from 6 to 18 and this policy has been overall implemented since 2009. Community correction system in China was not established until it was adopted in the Eighth Amendment to the Criminal Law and the Amendment to the Criminal Procedure Law in 2011 and 2012 respectively.As supplement and improvement of traditional execution, the establishment of Community correction solves the problems that criminals who commit light offenses were instigated during prison; persons serving sentences feel difficult to integrate into society; the expense of jail increases gradually properly. Thus, it gains widely attention. The aim of community correction is not only to ensure the execution of punishments on persons serving sentences according to the regulations, but also to help pulling those people who act illegally and think improperly back to normal. Therefore, the community correction workers are the key to the success of this policy and it has broad and narrow definition. In order to promote the development of the community correction team building, to support the establishment and development of the community correction and to conform to the stage of development of this policy, it would be more close to the actual needs if we define the community correction workers in a broad sense, which includes full-time staff, social workers, volunteers, related personnel of prisoners in the community, for example, relatives and all other people involved.Whether the community correction workers play an active role directly determines the efficiency of community correction. But due to the short time of implementation, a serious lack of experience, special national and social conditions, problems including unsound administrative organ, nonstandard daily management, admittance, basic guarantee and methods of work, low level of education, profession and legal accomplishment occur in Chinese community correction team building. These problems greatly reduced the efficiency of community correction. With a view to solve these problems, the author here study the similar ancient community correction team building in our country and draw lessons from the practice of other states or regions through literature review, comparative study, case analysis and other research methods. Legal measures to improve community correction based on strengthening the foundation of team building; establishing the social participation system lead by community party and exploring the professional training mode are also proposed.