Thoughts On Perfecting Community Correction System For Minors In Hangzhou City

As a new method of punishment execution,community correction is favored by more and more countries.The community correction system can not only make up for the lack of imprisonment correction,but also contains a variety of intrinsic values.Considering the special nature of juvenile delinquency,community correction is precisely the first choice to improve the execution system of juvenile delinquency in China.Of course,the study of community corrections for minors is more concentrated in China's judicial administrative departments.Community correction for minors is a new thing for China,but it has not yet been fully rolled out in the country.It is only piloted in some parts of the city.However,due to the limitations of time and practice,many studies have not really deepened.The current research mainly focuses on the legislation,institutional settings and execution of minor community corrections,and the establishment of correction teams.Based on the analysis of the legal attributes of community corrections and their application in criminal law,this article proposes the nature of community corrections.It is to strictly lock the current community corrections within the current legal framework.According to the provisions of China's Criminal Law,Criminal Procedure Law and Prison Law and not allowed to go beyond them,.It is proposed that community correction does not even belong to the category of judicial work.It should be a crime prevention model.There is no conflict and contradiction with the existing penalty system.Its implementation should be led by the community and the judiciary should provide the necessary cooperation.Of course,how to resolve the overlap between the judicial administrative organs and the community and the preconditions for the community to make corrections requires the upper law to make provision.Combined with specific cases in Hangzhou,and analyzed the problems encountered by minor correction personnel and correction institutions in the case.From the perspective of the application of criminal law,the author proposes that there are limitations in the implementation of corrections,the imperfections in the system of correction of minors,and the lack of protection systems for juvenile offenders after correction,and draw lessons from the advanced opinions and experiences at home and abroad on the community of minors in Hangzhou.Corrections made some suggestions,such as establishing a community service legal system for juveniles and constructing a rehabilitation justice system for juveniles.It hopes to make a certain contribution to the community correction work for juveniles.