Research On The Dilemma And Countermeasures Of Community Correction In Xiangxi Tujia And Miao Autonomous Prefect-Ure From The Perspective Of Sociology Of Law

Community correction is a legal system borrowed from Western countries.The legal system was piloted in 2003.The first pilot projects were conducted in six provinces of Beijing,Shanghai,Tianjin,Zhejiang,Jiangsu and Shandong.The pilot was further expanded to 18 provinces(districts,municipalities)in 2005.The February 2011 amendment to the Penal Code(VIII)provides for community redress under the law for offenders sentenced to control,probation and parole.The Code of Criminal Procedure also provides for community correction.The Supreme People's Court,the Supreme People's Procuratorate,the Ministry of Public Security and the Ministry of Justice(hereinafter referred to as "the two superintendents and two ministries")have issued corresponding regulations.Since the implementation of community correction,although some results have been achieved.But due to the infirmity of the laws and regulations and the inadaptability of the local environment,especially in the Western Hunan Tujia and Miao Autonomous Prefecture,in judicial practice,we face many difficult problems in law enforcement.Using the perspective of sociology of law,this paper takes community correction in the Tujia and Miao Autonomous Prefecture of Western Hunan as the research object.Through the method of field investigation,interview,literature reference and case analysis of community correction law enforcement in the Tujia and Miao Autonomous Prefecture of Western Hunan.Firstly,this paper analyzes the background and significance of this topic.And analyzed the present situation and development of community correction.Secondly,the present situation of community correction and law enforcement in the Western Hunan Tujia and Miao Autonomous Prefecture is analyzed.Focuses on community correction system,community correction law enforcement phenomenon,community correction object law enforcement behavior,community correction law enforcement main body's predicament and community correction law enforcement effect.The problems of community correction in the Western Hunan Tujia and Miao Autonomous Prefecture are as follows:Poor system;Community correction law enforcement is weak;The division of labour between the Public Security Bureau,the Public Prosecutor's Office,the Court and the Judicial Bureau is unclear and the connection is not smooth;Low level of professional staff;Low involvement of social forces;Help content simple,single way.Third,this article from the western Hunan Tujia and Miao Autonomous Prefecture community correction law enforcement dilemma and social factors.It includes the economy,social organization,culture and water equality of the legal system in Xiangxi State.This paper mainly analyzes the current situation of economy,social organization,culture and water equality in the western Hunan Tujia and Miao Autonomous Prefecture,and its influence on community correction and law enforcement.Fourth,based on the above research,by strengthening community correction legislation,the establishment of the Regulations on Community Correction in the Tujia and Miao Autonomous Prefecture of Western Hunan;Improve the legislative system for community correction,the daily management system for community correction and the financial guarantee system for community correction to improve the system;To improve the development of the rule of law in the Tujia and Miao Autonomous Prefecture of Western Hunan by strengthening legal publicity;To clarify the duties of the public security Bureau,procuratorate,court and judicial bureau in community correction;Strengthen legal oversight of community redress and penalties for unlawful redress;Strengthen the law enforcement consciousness,professional level and team building of community correction law enforcement subjects;To raise awareness of the rule of law among the general public(including the object of correction);To improve the level of culture and education in the Tujia and Miao Autonomous Prefecture of Western Hunan;To fully explore national cultures conducive to community correction,and reforming national cultures that are not conducive to community correction,to ensure the smooth and healthy development of community correction system.