Research On The Evaluation System Before Community Correction

Community correction as a flexible and open way of penalty execution and criminal treatment mode,contains the humanitarian ideals and practical economic value,therefore it becomes to be the first choice of the correct crime around the world.And presentence survey and evaluation system of community correction as an important link in the kick-off of the community correction work,will make a social investigation and risk assessment to find whether the criminal of community correction is possible for criminal to apply to,so as to improve the sentencing more scientific and accurate,as well as to alleviate and reduce resistance from the criminal,and finally make the criminal better accept the education reform in the relatively loose community environment.This system has been generally set up and paid great importance to abroad,and even many foreign countries adopt theform of fundamental criminal law to regulate it to become the country's necessary process of program in criminal procedure.Although in our country,there are sporadic provisions regulated in “the criminal law”,“the criminal procedure law”,“the measures for the implementation of community correction ” and other laws and regulations.Whereas the special community correction law has not been formally launched,the presentence survey and evaluation system of community correction is not possible to form a complete system.Therefore,this article debates the questions and views about our current presentence survey and evaluation system of community correction,such as the incomplete legislation,the randomness of the process,the mix and disorder of the content,the interregional problem of the receiving and the imperfect supervision.Drawing on advanced experience of presentence survey and evaluation system of community correction at home and abroad for reference,combining with the practice of T County in Inner Mongolia Autonomous Region,this article will actively explore the presentence survey and evaluation system of community correction which is suitable to China's actual practice,and make some suggestions on its subject,procedure,content,methods,personnel and supervision aspects,and introduce the survey and evaluation responsibility system and the dissent mechanism of evaluation to make sure that the survey and evaluation is standardized,scientific and being under the rule of law,so as to makethe community correction be carried out fairly and orderly.