On The Community Sentence And Its System Construction Of Elderly Criminals

Community correction is an execution system developed based on the socialization of execution,the mitigation of punishment,and the concept of criminality such as humanitarianism.Compared with serving sentences in prisons,community corrections implement punishments in the community,and their open service environment has the advantages that criminals can't serve in prisons in terms of decriminalizing criminals,reducing the cost of execution,and resolving the reintegration of criminals into society.It is of constructive significance to promote the realization of the penalty effect and the process of the penalty reform.For elderly criminals in particular,it is more appropriate to serving sentences in the community than inthe prison in terms of ground-breaking,managerial flexibility,and availability of social resources.In fact,China began to pay attention to the elderly criminals at the beginning of trials of community corrections.In 2003,the community corrections pilot notice clearly stated that for older offenders,priority should be given to community corrections.The later broadened and strengthened criminal policy for the treatment of older criminals and the adjustment of the criminal law amendments for crimes have made more elderly offenders involved in community corrections.The physiology,psychology,social relations and crime types of the elderly offenders in the community serving sentences all have their own particularities,which in turn will make them different from the correctional needs of other ages.Only by combining the special characteristics of the criminals in the community to serve the old,can the effectiveness of the community correction system be brought into play.It is imperative to build a community service system that is suitable for older criminals in the context of deepening population aging.This article first analyzes the situation of community corrections applied to older criminals.The results show that the criminals in the community have a certain legislative foundation and judicial basis,and it is more suitable for older criminalsserving sentences in thecommunitythan in the prison.,which provides the necessity and possibilityfor building an elderly criminal community..Secondly,from the perspectives of legal and social factors,consideration is given to the construction of old offender's community serving sentence system,specifically including whether the internal institutional design of the community serving sentences is consistent with the physical and psychological characteristics of older offenders and the need for corrections;whether laws and old-age laws can be connected with each other;whether the differences between urban and rural areas have an impact on the serving of prisoners in the community of old criminals;whether the community of old offenders serving sentences can effectively use social resources such as the aging industry.Finally,based on the analysis of different consideration factors for serving prisoners in the community of the elderly offenders,a targeted framework for the construction of an elderly offender's community serving sentence system is targeted.The old community prisoners are stipulated as special groups in the legislation,and follow the principles of the combination of punitiveness and guarantee and the idea of differentiation between urban and rural areas,and establish aged community service system with Chinese characteristics in supervision,education and correction,assistance.