The Research On The Legal Mechanism Of Social Organizations' Participation In Community Correction

The traditional theories of punishment present that criminals must receive the most severe criminal punishment to ease the resentment and anger from the society and the victims.Therefore,criminals would not repeat their crimes.With the great influence of this theory,custodial penalty was extensively applied.However,it did not live up to their expectation and fail to reduce criminals.Thus,the theory of the socialization of punishment implementation gradually came to wide-spread,which means placing the criminals on the society and reducing the possibility of recommitting.With the wide spread of this theory,community correction,a newly-found mode to execute criminal punishment,was applied to use.Community correction,as a socialized mode to execute criminal punishment,should not totally rely on the government,which would reduce the quality and efficiency of the community correction and contradict to the concept of service-oriented government.However,the participation of social organization,which would improve the quality and efficiency of the community correction and consist with the concept of service-oriented government,was found problems in daily practice.For example,the regulations and supervisions of the community correction were imperfect.This thesis would further construct the theory of the legal mechanism of social organizations' participation in community correction from the perspective of administrative law.This thesis was included the following four parts: the first chapter was an introduction to the basic concepts,involving the definition of community correction,social organization as well as the participation of social organization;the second chapter systemized the legal mechanism of social organizations' participation in community correction,which found problems on regulations,supervisions,safeguarding and legal duties;the third chapter was an introduction to the related experience on the legal mechanism of social organizations' participation in community correction from British,United States and Japan;the final chapter is the core part of this thesis,which provided solutions to perfect the legal mechanism,the supervisions and safeguards of the participation in community correction as well as definite the legal duties of those social organizations.