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On The Improvement Of The Community Correction System In China

Posted on:2017-12-29Degree:MasterType:Thesis
Country:ChinaCandidate:L RenFull Text:PDF
GTID:2356330512463073Subject:Law
Abstract/Summary:PDF Full Text Request
Community correction is a direct translation of the terminology from abroad.Different schools in the West have different views on the connotation and extension of community correction.Some foreign scholars believe that the community correction should be the front end of sanctions,that is,the use of community corrections to replace the form of imprisonment.Some scholars believe that the community correction should be the end of the program that the prisoners leave the prison to help inmates into the community,and then integrate into the community.Into the mid twentieth Century,the rapid development of community corrections into the period,but also began to mature up.Community correction after the 1960s-70 gold development period,people began to question and reflect on the community correction.Because in the golden period of development,the role of community corrections has been exaggerated,the actual judicial practice of community corrections agencies and the management of personnel load is larger,can not really implement effective supervision and education of criminals.Therefore,the development of community correction into a period of adjustment,after this step by step to further clear the purpose of community correction,but also improve the various specific community correction system,avoid the system useless.The penalty is not revenge,but in order to correct the behavior of helping criminals will not improve social personality,not the normal social life resocialization this view has also beenrecognized,and this includes the penalty humanitarianism and restraining punishment thought theory of the development of community correction also played a good role,constitute the theoretical foundation of community correction.At present,our community correction is since 2003 in some areas to carry out the pilot work of community correction and then spread to the whole nation,in the process of establishing the organization,and gradually improve the management system,a good grasp of the daily supervision,to ensure the correction quality,various data show that since the development of community correction,the crime rate the decrease of inmates,re socialization,national financial investment reduction have played a good effect,which indicates that the community correction work has achieved good legal effect and social effect.But the community correction work in our country starts late,the foundation is weak,there is the community correction legislation work backward,the community correction law enforcement power fuzzy,the various departments community correction coordination in the urgent need to improve the place.The foreign community correction has a different pattern in different countries,by reference to the United States and the United Kingdom,France and other countries experience,combined with China's current community correction to carry out the actual situation,the author from the establishment and perfection of community correction legal system contains Chinese revising and perfecting the criminal law on the provisions of community correction,solve theconflict between law and law,accelerate the development of specialized "community correction law" and the establishment of a perfect system of community correction legal system,as well as the construction of specialized community correction law enforcement agencies and personnel,to ensure the use of community correction,the administrative power in the law enforcement community correction law enforcement personnel clear identity and law enforcement procedures,specific law enforcement means and perfect the community correction pre trial assessment,the convergence process,resource sharing,strengthen legal supervision and improve the working mechanism of the The study,implementation of the right separation reform in our country,the current investigation of the right to judicial and procuratorial powers,has been in the implementation process,as the execution of punishment,community correction system from the law will further improve to boost the effect of the current need to be combined with China's actual situation to promote the work of community correction localization the further development and perfection.
Keywords/Search Tags:Community correction, current situation of legislation, foreign experience, Legislation of community correction
PDF Full Text Request
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