Research On Victim's Participation System In Community Correction

With the development wave of the judicial system reform,penalty execution of the socialization of execution punishment is deepening,meanwhile community correction system has been developing rapidly.However,during more than ten years' development process of the community correction system,it still mainly focus on the maintenance of the remedy subjects and criminal rights.While the victims have long been unable to pay attention.Either the "Community Correction Law" draft or "Implementation Method"(issued by Supreme People 's Court,Supreme People 's Procuratorate,the Department of Justice and Ministry of Public Security)have not specifically stipulated the victim's participation system.So in practice,victims are unable to participate effectively whether in the protection of the victims,social help or restore the judicial significance.But actually,victims(or community representative)participate in correction should have an irreplaceable function,whether it is to the understand and support of corrective work,to educate and correct perpetrators,or to maintain community order,even to strengthen the building of community.Therefore,this paper explores the role of victims in community correction,giving the victims'rights,constructing the system and the path of participation,so as to truly safeguard the rights of the victims,to fully exert the role of victims,to promote new development of the community correction.Besides the introduction and conclusion,there are five chapters in the text:The first chapter:"The theoretical basis and value of the victims to participate the community correction "mainly discussed the support for victims range from the restorative justice,deepening the theory of reintegration,criminal victimology and victims protection.On this basis,clarify the value of victims' participation,namely,it not only help to defend for its own rights,but also to help criminals to return society more effectively,to achieve the goal of social relations repair.The second chapter" Problems and reasons of the victims absent from the community correction in china" mainly discusses the current status of victims in community correction who are little stipulated in the law,and are not noticed in practice.The reasons that,the long-term impact of the state-based on prosecution view,lack of understanding of the role of victims in the reversion,lastly the victims are feared so as to reluctant to get involved.The third chapter"The specific rights of victims to participate in the community correction system" further analysis that only to give the victims corresponding right,their interests can be guaranteed.Through building procedural rights and substantive rights,this chapter support the participation of victims.The forth chapter "The specific construction of victims participate in community correction system" specifically considers,enjoying right is the foundation for victims.On the basis,through the construction of informed advice system of the round table and the victims are involved in the investigation and evaluation,the compensation system of victim orientation service and victims community service,these methods provide a way for victims to participate.The fifth chapter "The method to improve the path for victims to participate in the community correction system " analysis that it is not enough to give victims the right and provide them ways to participate.In addition,it is necessary,not only to implement a series of victims participation measures in practice,but also provide guarantee through legislation for the victims to ensure their rights.