Study On Community Impact Assessment Mechanisms Of Probation Application

The community impact assessment mechanism in the application of probation refers to the term of the general system that the people's court entrusts the county-level judicial administrative agency to make an investigation and assessment on the personal basic conditions,family background,interpersonal relationship,precrime performance,personal health,employment status,the opinions of the victims,the state of repentance of the defendant who is to be proclaimed with suspended sentence before making a judgement,and submit a written report on whether the defendant had a significant adverse effect on the community he lived in,which is treated as a reference for the people's court to sentence The substantive elements of the community impact assessment mechanism in the application of probation include the entrusting subject,and the assessment subject,content,and report.The program element mechanism in the application of probation include the establishment and composition,the period and delivery,and the methods of investigation and assessment,the avoidance system,and the supervision and relief.The introduction of community impact assessment in the application of probation can provide a basis for the measurement of the practical condition for the application of probation,increase the credibility of the referee and the recognition of the public,can increase the participation of the masses in community corrections,and provide reference for the formulation of probation personnel correction programs,can provide assistance for the classification management of community correction objects.It is of great practical significance to introduce the community impact assessment mechanism in the application of probation,and all localities have conducted beneficial explorations on this issue.Its operation has achieved certain results,however it also exposed some problems.For example,the randomness of the community impact assessment work;the difficulty on the community impact assessment of immigrant population;the challenging guarantee on the authenticity community impact assessment;the unscientific methods of investigation and assessment;the deviation of community impact assessment conclusive function;the shortage of the staff number and professionalism of investigation and assessment,which can not achieve the function completely of the community impact assessment mechanism and affect the application of the probation system directly.Under the overall background of deepening judicial reform,we should make further improvement on the community impact assessment mechanism.First,to strengthen the standardization of community impact assessment,promote community-specific correction including the community impact assessment,and construct a scientific assessment,and construct a scientific assessment scale;Secondly,specify the community impact assessment system elements such as the subject,applicable target,assessment criteria and methods,etc;Finally,strengthen institutional guarantees for community impact assessment,enhance the construction on human,assets,and goods of community impact assessment,improve supervision action,and establish operational mechanism in coordination with other state agencies.