Research On Community Correction Of Minors In Sichuan Province

Community correction has been developed for more than ten years in China as a means of penalty enforcement.Under the background of lack of legislative basis and unified enforcement system,community correction work in all regions is implemented under the guidance of " Implementation Measures for Community Correction" and in combination with local implementation rules.Minors,as a special group,should follow the corresponding special system when applying special criminal procedures in community correction.This special system must have practical significance and effect,not only in form.As for the nature of community correction,there is still controversy in the academic circle,so the theory of penalty execution is adopted here.That is,community correction for minors is the implementation of non-custodial penalty instead of custodial penalty.At the same time,because community correction is explicitly stipulated in our country's Criminal Law as a penalty enforcement measure,the research on the system of community correction for minors should also be carried out in accordance with the criminal enforcement law system.In addition,community correction for minors should implement the criminal policy of " tempering justice with mercy" and the special criminal principle of " education first and punishment second".The research on community correction for minors is mainly aimed at the improvement and construction of penalty execution system,including the research on legislation and the formulation of work norms.Due to the differences in the implementation of community correction in different regions,the preliminary study found that the implementation level of community correction for minors in Sichuan Province ranks middle in the whole country.The study is of reference significance to the system construction and improvement in most regions of the country,and the practical measures are less difficult to popularize and apply.Some suggestions for its improvement are also applicable to the community correction of minors in other areas of our country.Therefore,it should be said that the study of community correction for minors in Sichuan Province is " to see the big from the small".Through the investigation of the current situation of community correction for minors in a certain range and the combination of penalty enforcement system and criminal policy,a set of effective community correction system for minors that meets the requirements of criminal enforcement law in China is explored,and suggestions and theoretical support are also provided for the legislative work of community correction.