The Function Conflicts And Adjustment Adaptation Between Community Correction And Injunction

With the increasingly mature community development and the improvement of relevant laws and regulations,the community correction system in our country has gradually developed.Influenced by the ideological trends of resocialization and execution socialization,it has been a trend that the criminals are punished and educationally corrected in the community with the community resources to prevent them from committing crimes again and finally reach the goal of promoting the rehabilitation of criminals.However,all the aims of the stipulations about common injunction and employment prohibition in the implementation of the Criminal Law Amendment VIII and IX are to prevent another crime against society through prohibiting the criminal from engaging in specific activities and professions,entering in specific locations and contacting specific persons.It seems that functional conflict may exist between community correction and the two injunctions,and many questions may be caused,for example,the final aim of the community correction is to promote the criminals to return to the society,but the core function of the injunction is to restraint the criminal to prevent them committing a crime again,this will impede the inmates' activities to integrate into the society.To achieve the functional adjustment adaptation between community correction and the two injunctions,this paper proposes that the concept of injunction in community correction should be advocated,and the applications of various injunctions should be guided by this.In this thesis,the launches describing mainly from the following respects:The first part is some summaries about the community correction,and the definition of community correction given by scholars in and out of the field is analyzed and interpreted.Moreover,the essence of the community correction is further revealed and returning to society is specified as the ultimate function of the community correction.The second part summaries the criminal injunction in our country.The feature and nature of the injunction are analyzed,and preventing crime is declared as the core function of the injunction.In the third part,the questions of functional conflict between community correction and injunctions are proposed through the analysis of specific cases in practice,that is the final aim of the community correction is to promote the criminals to return to the society,but the injunction restraints everywhere,such as prohibiting them from engaging in certain things.Certainly,the solution method of this conflict is also proposed,that is the proposal of the conception of the injunction in community correction.In the fourth part,the law application principles of injunction in the community correction are proposed,such as the restraint principle,clear principle,individualization principle and adjustment principle.And these application principles are brought into the existed injunctions of different kinds for the discretion to various injunctions,thus to the norm aims given by criminal law.