Community Correction System Research In The View Of Marxist Human Rights Theory

As the new measure of Chinese penal enforcement field,community correction compensates the blank of non-custodial penal enforcement and it also is an important judicial guarantee of human rights.Because China,at present,is in the period of social transition,to comprehensively promote community correction and perfect correction system is the urgent requirement for practicing idea of guarantee of Marxist human rights and maintaining social stability as well as harmony.The theory of Marxist human rights provides scientific theoretical guidance to Chinese community correction system,so inspecting the deficiency of guarantee of human rights of community correction objects and perfecting correction system play vital realistic significance.Firstly,this paper revealed the dialectical relationship between guarantee of human rights theory and community correction.Based on analyzing the basic connotation of guarantee of human rights theory,characteristic of Marxism human rights doctrine and the development of guarantee of human rights theory by Chinese Communists,it is concluded that guarantee of human rights is the guiding ideology of Chinese community correction while community correction embodies the value orientation of guarantee of human rights,which is the important means and specific practice of guarantee of human rights.Secondly,this paper particularly analyzed the problems in community correction.From the perspective of system design,legislative defect,lack of concrete program guarantee and low public acceptance are the major problems;in the aspect of practice,the problems mainly present as no classification of management objects,formality of support as well as educational correction,failure in synchronization of community construction and community correction and no practical guarantee of working or psychological health rights.Finally,this paper proposed the measures for improving guarantee of human rights in Chinese community correction system from different sides of formulating community correction legislation,perfecting working mechanism of community correction,strengthening social guarantee of human rights of community correction objects,enhancing correction awareness of community correction objects,and learning useful experience in foreign countries,etc.The guarantee of human rights contributes to positively exploring the community correction practice in accordance with Chinese national condition and promoting the development of guarantee of human rights of community correction object in China.