Research On The Community Correction Supervision Of Stationed Procuratorial Office

With “community correction” being enshrined into Criminal Law Amendment(Eighth)and the newly revised Criminal Procedure Law,community correction in China is carried out with overall normalization;Instruction of the Supreme People's Procuratorate also clearly takes “supervising the community correction” as one of priorities of stationed procuratorial office.There is a legal basis and a realistic basis for the legal supervision of community correction in stationed procuratorial office.There is a legal basis both for the existing laws and regulations,the separation of powers and checks and balances,human rights protection,but also a practical need for overcoming the deficiency of community correction system itself,solving the strength lack of executive teams,improving the effectiveness of supervision,etc.There are explorations and practices for stationed procuratorial office to carry out community correction legal supervision throughout the country,among which the stationed Laishan Procuratorate from Laishan District People's Procuratorate of Yantai City used the "five-in-one" supervision model,which formed its own unique community correction and supervision system.However,currently there are still many problems in the legal supervision of community correction carried by stationed procuratorial office,such as the unclear positioning of functions,unclear supervision contents,unsound protection mechanisms,incomplete supervision information,and the rigidity of correcting illegal notification and procuratorial suggestions is not strong,the lack of specific provisions of legal supervision in community correction.In response to these problems,it is recommended that the relevant laws and regulations should be improved,supervision be clearly defined,the safeguard mechanism should be sound,the supervision and management of community correction information should be improved,the application of information measures should be strengthened to improve the supervision of injunctions,and strengthen the rigidity of correcting illegal notification and procuratorial suggestions.