Research On Legal Issues Of Community Correction And Prosecutorial Supervision

Community correction as a way of non-confinement penalty execution,in other countries has a long history.Since 2003,since the pilot work of community correction in China,along with the development of community correction,community correction are also constantly improve procuratorial supervision work.As the "criminal law amendment(eight)" and "criminal procedural law" after revising further specification of community correction,the procuratorial supervision of community correction is also tested,which has both new opportunities and more severe challenges.In community correction work,how to ensure that community correction decided authorities,enforcement authorities the specification of the exercise of power,how to maintain the penalty enforcement activities smoothly,how to safeguard the lawful rights and interests of community inmates,it cannot leave the community correction of procuratorial supervision of checks and balances and maintenance.The community correction is the content of the procuratorial supervision community correction decision in various law enforcement and enforcement agencies link,prompted by the full exercise of procuratorial supervision of community correction related functional departments in accordance with the law.Due to the nature of the work of community correction,the procuratorial organs on the procuratorial supervision and has a certain theoretical basis,legal basis and practical basis.Across the procuratorial supervision in the practice of community correction,the procuratorial organs continuously explore procuratorial supervision methods,innovating the mode of procuratorial supervision,through the whole process supervision mechanism of exploration,based on the information data sharing real-time dynamic supervision,set up the procuratorial office of community correction,build system of community correction procuratorial supervision,contact CARDS,relying on the execution outside prison criminal prosecution system,community correction procuratorial supervision work to a certain extent,achieved some results.But,like other new things,community correction of procuratorial supervision due to the lack of legal protection system,the lack of procuratorial supervision power,means of procuratorial supervision,and shortage of rigid,and the social from all walks of life of community correction and the procuratorial supervision and inadequate cognition,not only the community inmates to community correction not value,and the procuratorial supervision do not understand,also within the judicial organs have different understanding of community correction,likely random work,as the main body part of the procuratorial organs supervise staff also exist backward supervision and a series of problems,the community correction procuratorial supervision work are faced with the situation is still grim.The author as a work in the community correction procuratorial supervision of procuratorial personnel at the grass-roots level,combinative oneself is engaged in the community correction of the procuratorial supervision and the actual work experience,from daily supervision work found in the relevant cases,this paper analysis the causes of problems,and whether it has the common characteristic.And by looking at the United States,Japan and other countries mature way of community correction system and its supervision,discusses enlightenment on the procuratorial supervision of community correction in our country and can learn from.On this basis,the author has pointed proposed by perfecting the existing laws and regulations,formulate the community correction method to improve the form of community correction legal security system of procuratorial supervision,procuratorial supervision by setting up specialized institutions,strengthening the community correction of procuratorial supervision personnel,strengthening the hardware construction of the community correction procuratorial supervision measures to improve facilities construction of procuratorial supervision of community correction,by broadening the procuratorial supervision measures,clear the procuratorial supervision and intervention mechanism,the extension of procuratorial supervision tentacles,innovative way of procuratorial supervision,intensify procuratorial supervision publicity methods such as perfecting the community correction of procuratorial supervision mechanism and so on,in order to improve procuratorial supervision of community correction in China to provide some reference,common to the development of community correction system.