A Study On The Community Correction Of Criminals Temporarily Executed Outside Prison

Temporary out-of-prison execution is a penalty change enforcement system applicable to criminals with statutory special circumstances,which refers to the system of penalty execution that transfers these prisoners who meet the statutory circumstances from the prison to the community for community correction.It is in line with the current trend of humanitarianism of penalty,socialization of execution and light punishment.At present,due to the defects of the legislative level and the difficulties in judicial practice,the situation of community correction of prisoners temporarily executed outside prison is not optimistic,and the problems existing in community correction of prisoners temporarily executed outside prison still need to be improved.This paper analyzes and interprets the problems of criminals in community correction through four chapters.The preface introduces the relationship between temporary out-of-prison execution and community correction,as well as the reasons for choosing temporary out-of-prison criminals as the object of study.It also explains the significance of studying the application of temporary out-of-prison execution system in community correction,and introduces the existing problems and omissions in the judicial practice of community correction.To clarify the realistic predicament of criminals temporarily executed outside prison in community correction.In addition to the introduction and conclusion,this paper is divided into four parts.The first part is an overview of out-of-prison execution and community correction.First of all,it briefly introduces the definition and nature of community correction in our country;secondly,it introduces the concept and basic characteristics of temporary out-of-prison execution,the particularity of the applicable object,the particularity of the applicable conditions and the particularity of the applicable period;finally,This paper discusses the relationship between temporary out-of-prison execution and community correction,the basis of applying community correction to prisoners outside prison and the significance of applying community correction to temporary prisoners,such as protecting human rights,returning them to society,and reducing the cost of execution.The second part,the main problems existing in the community correction of criminals temporarily executed outside prison.First,because of the particularity of the applicable object of temporary out-of-prison execution,this kind of prisoners may have higher personal danger and poor repentance consciousness in the process of community correction,so it is difficult for the law enforcement personnel of the judicial office to supervise this kind of prisoners.Second,the particularity of the applicable conditions of temporary out-of-prison execution,resulting in the inapplicability of the general supervision of this kind of prisoners in the process of community correction,coupled with the lack of specialsupervision methods,so the implementation of community correction is difficult;third,The particularity of the applicable conditions and duration of temporary out-of-prison execution leads to pregnant or lactating women using pregnancy as a means to evade detention and prisoners seeking medical treatment outside prison to stay in society in the name of seeking medical treatment,so that the phenomenon of circumvention of detention occurs.The third part is the analysis of the causes of the problems in the community correction of prisoners.First,the main reason for the difficulties in the temporary implementation of community correction supervision of prisoners outside prison is that the identity of the subject is not clear and the power of law enforcement has not been implemented,so it is difficult to effectively supervise and deter such prisoners;Second,The difficulty in the implementation of temporary prisoners outside prison in community correction lies in the failure to make a scientific division and targeted treatment taking into account its particularity;Third,prisoners who are temporarily executed outside prison are prone to evade detention in community correction.The reason lies in the irrationality of the sentence,the vagueness of the supervision content,the imperfection of the guarantor system and the arbitrariness of the condition examination and reporting provisions during the malicious circumvention period.The fourth part puts forward some suggestions on how to improve the problems in the community correction of temporary prisoners outside prison.First of all,it is suggested that we should speed up the legislative process of the Community Correction Law,clarify the main body of the judicial administrative organs in the legislation,and implement the law enforcement power of the law enforcement personnel of the judicial offices;Secondly,establish targeted measures.In the process of implementing community correction for prisoners temporarily executed outside prison,the scientific division standard should be established according to the particularity of the applicable object,on the basis of which the targeted treatment method should be established,and the principle of individualization of penalty should be implemented actively.Improve the supervision of prisoners outside the temporary prison,improve the guarantor system to give full play to the guarantor supervision ability,standardize the relevant provisions to avoid the gaps of application.