Research On Community Correction System In China

With deep need of basic human rights safeguard human society, how to through to the penalty system reform and perfect, thus more scientific and effective to deal with, correct and reduce crime, it become international legal workers an important subject of long-term thinking. Community correction, as a new type of penalty execution system, through the socialization of execution punishment advantages, more in line with the requirements of modernization. The justice department began in China in the 21st century, the study of the theory of the community correction, and theoretical research guide to community correction pilot work, Shanghai, Beijing first began in 2002,2002 community correction pilot, in the same year in July, " jointly promulgated the notice about carrying out community correction pilot work", will further expand community correction to tianjin, jiangsu, zhejiang, shandong area, "notice" also stipulates the scope of community correction. In 2005, "two" the two will again community correction pilot unit of the expanded to 12 provinces and cities. In 2009, two "houses" issued the on trial the views of the community correction work throughout the country, it marked the beginning community correction in the national scope. In 2011, "criminal law amendment (eight)" for the first time the community correction system in the criminal law system, represents the development of community correction in China is a big step forward. In 2012, the executive main body of community correction and programmed objects such as amended, the revision and the criminal law amendment (eight), established the community correction in the important position of penalty execution system, to the comprehensive development of community correction provides substantial legal basis, reflects the milestone significance of community correction. Since then, the community correction in our country, the place to get the advance in an orderly way.This paper analyzes the development of community correction in China, and points out the significance of community correction writing to the new criminal procedure law, from the aspects of legislation, justice, law enforcement and other aspects. This paper is divided into five parts except the introduction and conclusion.The first part, mainly to explain the connotation, characteristics and significance of community correction and to forming the theoretical basis of community correction, based on the brief introduction of community correction system, further clarify the concept of community correction and produce the reason; The second part, the study of community correction at home and abroad, analysis of the United States, Britain, Japan three representative community correction mode and the present situation of the country, and through comparing the development course and the present situation of community correction in our country, points out that the community correction in China has entered the stage of legislation to determine and fully implement;The third part about the meaning of "punishment" of community correction in our country, this part carries on the second part of content, clear into the legislation of community correction phase, the community correction in China after the meaning of "punishment"; The fourth part elaborated our country community correction after the "punishment" the status quo, combined with the present situation of community correction in our country, heavy reflection remain after the "punishment" concept of deep, the low degree of understanding, and the community construction is weak, lagging legislation, provisions conflict chaos, perform many difficulties, such as lack of force and has made the detailed to these difficulties; The fifth part, combined with the status quo of community correction in our country and practical, with proper punishment "club" as an opportunity, based on the current plight of community correction system in China, combined with advanced theory and experience about community correction at home and abroad, put forward to renew the idea of socialization of execution, to strengthen the construction of community, perfecting legislation, expand the correct object scope, strengthen cohesion to perfect the supervision, strengthening the staff to carry out the funds safeguard, such advice.