Research On The Application Of Community Correction System In Probation In China

Since the promulgation of China's "Criminal Law Amendment(VIII)" in 2011,community corrections have been formally granted legal status in the criminal law,marking the establishment of China's community correction legal system.However,community correction is not isolated.It is often accompanied by regulation,probation,and parole.In the case of probation,community correction is a probationary measure.It is closely linked with probation.Criminals who probation probation have left the community for correction.In places,probation is also in name only.The scope of application of community correction includes regulation,probation and parole.Probation is one of the applicable scopes of community correction,and in practice it accounts for half of the scope of community correction.Therefore,the concept of probation community correction has also been proposed and applied by scholars.The statement on probation probation explicitly mentioned in the Criminal Law Amendment(VIII)provides a legal basis for probation community correction,and implements the principle of combining theory with practice,and gradually improves the probation community correction system from the community correction pilot.However,there are still problems in practice: the legal basis for probation community correction is not sufficient;the arbitrariness of probation application is large;the lack of specialized probation community correction enforcement agencies.The existence of the above problems has seriously restricted the development of the probation community correction system in China.Therefore,the solution of the above problems is particularly important for the development of probation community correction in China.This paper mainly studies the problems of probation and community correction in the past ten years,and analyzes the problems arising from the community correction in the pilot process.It also puts forward relevant suggestions with reference to foreign experience,so as to lay a solid theoretical foundation for the probation community correction system in China..This article is divided into three parts:The first part is to elaborate the probation community correction system.It mainly expounds the concept,characteristics,significance and historical development of probation community correction.In addition,a detailed interpretation of the relevant provisions of the probation community correction in the Criminal Law Amendment(VIII),and an in-depth analysis of its value orientation.The second part starts from the reality,summarizes the problems existing in the probation community correction pilot,and conducts in-depth analysis from the three aspects of legislation,application and implementation,laying the foundation for the suggestions andimprovement of the following.The third part forms a one-to-one correspondence with the second part,and corresponding suggestions are given for the problems existing above.First of all,in the legislation,special laws for probation community correction should be formulated to provide the necessary legal basis for the probation community correction activities.Secondly,in terms of application,China should add a probation hearing system to reduce the arbitrariness of probation.Finally,in terms of implementation,a special probation community corrections agency was set up to resolve the chaotic situation of executive agencies in practice.