Community Service Punishment And Its Establishment Of China

Community service penalty refers to the court to determine the perpetrators under certain supervision and within a certain period of time,for the community's public interest carried out by a certain number of unpaid public welfare labor nature of the non-imprisonment penalty method.In the second half of the twentieth century,with the wave of judicial reform in the international context of non-punishment and non-imprisonment,countries began to find a way to replace the traditional prison sentence,mainly in the United Kingdom,the United States,Russia and other countries new penalties: community service or public service.On the basis of its powerful new theory of social reversion,the theory of penalty lightening,the theory of socialization of execution and the theory of criminal compensation,the community service has the unique superiority which the traditional punishment method does not have.Because the community service punishment is essentially a non-custodial penalty method,which avoids the shortcomings of short-term imprisonment punishment,blocking the spread of the prison sub-culture to prevent cross-infection between criminals,but also save a lot of judicial resources.Community service penalties require criminals to carry out compulsory labor in specific communities,while improving the sense of service of prisoners while also making the community to see their sincere repentance,more conducive to the re-socialization of criminals,so that the smooth return to social decline the possibility of crime,and further promote the community harmony.China's 2011 "Criminal Law Amendment(8)" to expand the application of probation and parole conditions,the 2015 "Criminal Law Amendment(9)" for many of the original law and order violations are criminalized,which expanded criminal circles,adding a lot of misdemeanors.However,the traditional prison sentence has been unable to meet the large increase in misdemeanor,which on our existing penal system made a serious request.With the continuous development of judicial practice,China's community correction work has accumulated rich experience and human,material and financial resources,which provides sufficient guarantee for the effective implementation of community service after the introduction of our sentence.Therefore,China should be timely introduction of community service punishment,and its perfect legislative design.First of all,after the introduction of community service sentence in China should be positioned as an additional penalty in the penalty system,in order to expect community service punishment to play its due superiority,make up for the current system of penalties in China.Second,the community service punishment of labor projects and the implementation of the venue should reflect the nature of its public welfare,so that both the punishment of the perpetrators and also conducive to the development of the community.Thirdly,the application of the community service penalty should be specified in the criminal law,because the birth of the community service is mainly to reduce the application of short-term free punishment,which requires the offender to be corrected in an open community environment.It is determined that the applicable community service is punished as a minor offender and requires that it has a certain ability to complete the prescribed labor.Finally,the perpetrators of the labor content of the provisions of the provisions of the provisions of the criminal law of the law should be punished accordingly,such as the lighter circumstances of its warning or ordered to provide guarantor to pay the deposit,etc.,Such as the heavier circumstances will be its community service criminal Yike for the imprisonment or penalty.Expect the community service punishment in our judicial practice can achieve good results.