Study On The Legal Problems Of Government Purchase Of Community Correction Service

The government purchase of community correction service is a complex concept of "community correction" and "government purchase service".The content of the government purchase service involves a wide range of contents,and one of them is about the service of "community correction".In particular,the government's purchase of community correction services refers to the way and procedure in which the administrative organs of the administration of justice will take part of the non-penalty execution or auxiliary work in the work of community correction.The mode of contract is given to the social organization or non-profit organization with certain conditions,and the government and social cooperation mode will be paid by the government to the main body in accordance with the evaluation criteria.In the government's purchase of community correction service,the main body of the government's purchase of community correction service is the judicial administrative organ,including community correction agencies at all levels.The main body of community correction is the community correction institution,so the community correction institution should also be the main body of the government to purchase community correction service.However,in practice,the community correction institutions in most areas of the country do not have the independent subject qualification.Generally,the judicial administrative organs exercise the function of community correction,and the judicial administration also becomes the purchase subject of the government for the public service of community correction.Nonprofit organization is the main body to undertake community correction public services,and the main undertaking body.The content of the government's purchase of community correction should satisfy three typical characteristics of the government's purchase of services,it includes three characteristics,namely,publicity,public welfare and sociality.Legal problems in the process of community correction service purchased by the government include the lack of legal basis for the purchase service,the unclear purchase content,the widening of the scope of the purchase service,the few ways of legal remedy,the lack of supervision of the purchase subject and so on.Specifically,at present,there is no special law about the government's purchase of community correction services in China,and the legislation at the legal level is still in a blank state.The legislative level and system construction still remain to be perfected,for example,the legal level of the relevant community correction documents is too low,and there is a lack of a special law to stipulate the purchase subject,the purchase content,the way of purchase and the object of the government purchase of communitycorrection services.The current guiding government to buy community correction is mainly legal and policy,and the relevant regulations and policies are mainly the administrative regulations,local regulations and administrative regulations issued by the central and local authorities on community correction.Because there is no legal provisions to buy community correction specific scope and content,the local government in the implementation of the purchase of community correction services in the work of the purchase of uncertainty,the limited purchase of service projects can not meet the needs of practice.In the specific operation of the government to invest in social services,the color of administrative intervention is still strong.The government has an absolute advantage in funds allocation,personnel recruitment,assessment and assessment,and the equal main position of the subject is not fully reflected,and the legal remedy ways of the subject are very few.At present,there is no special law to regulate the process of the government purchase service.The government's loopholes in the operation of the community correction service are mainly the defects of the purchase community correction procedure,which is mainly manifested in the lack of supervision of the purchase subject.The main reasons behind these problems are imperfect legal system,weak sense of government contract and imperfect legal system.Aiming at this series of legal problems,we put forward suggestions for improvement.Among them,we learned from the practical experience of overseas community buying community correction service.In general,the specific countermeasures are:to improve the legal system,including the special legislation to accelerate the government's purchase of services,increase the relevant content and special provisions in the community correction law,standardize the management of the contract,guarantee the benefit of the purchase,and improve the relevant system of the government to buy community correction services.