A Study Of Territorial Jurisdiction Of Community Corrections Offender

As often happens to many non-local resident community correction offenders,they are refused executed community corrections by the local justice bureau because of the disputed territorial jurisdiction.Community corrections penalty pays attention to special prevention,but it should also ensure the punitive nature of criminal penalty and ensure the execution of criminal penalty.In the case of imperfect community correction system,it is necessary to clarify and rebuild the program of determining the jurisdiction of the community corrections.This study is based on the current domestic laws and regulations and the situation of suspected escaping or missing offenders in Fuzhou in the past three years,and analyzes the phenomenon to get the reason of disputes in the place of execution.Moreover,this paper compares and studies the relevant provisions on residence and place of execution in foreign community correction laws,and proposes the possibility of learning and exploration.According to analysis of the definition of"place of residence" and the stipulations and effect of normative documents,this paper puts forward suggestions to solve this problem from three angles:the purpose of criminal penalty,the goal of community corrections and the operability,so as to avoid the failure of penalty caused by the inability of jurisdiction to identify again.