Research On The Legal Issues Of Community Correction Of Minors

The community correction system originated from the western countries and was used by the nations of the world for its lightening punishment.In 2003,with this system began to be introduced into China's legal perspective,and pilot work was carried out.At present,the legislative and institutional framework has been initially completed.The particularity of minors determines that community corrections should be distinguished from adults.?The Measures for the Implementation of Community Corrections?clearly stipulates that the community correction of minors and the community correction of adult need to be performed separately.In our nation,community correction of minors refers to the placement of juvenile offenders who meet the conditions of community correction and sentenced to five years in prison,combining judicial resources and social resources,and urging juvenile offenders to change themselves.Compared with adults,the community correction of minors is characterized by the specificity of the applicable object,the particularity of the implementation method and the complexity of the correction.The theoretical basis is humanitarian theory,label theory and restorative justice theory.At present,community corrections institutions in China actively carry out community correction work for minors through social survey evaluation,psychological counseling and psychological correction.According to their own characteristics localities have also carried out useful explorations.Although it has achieved certain results,there are still various problems in communities.The problem is characterized by the lack of specialized minor correctional institutions and community corrections personnel,and a few correctional programs that meet the physical and mental characteristics of minors,and the lack of a sound social survey and evaluation system.Underage community prisoners hard to attend school,and it is difficult to find a job,family guardians are not fully performing duties.In this regard,China should adopt a gradual approach in the future.Firstly,China should modify the existing legal provisions,and then stipulate the community correction of minors in the form of a special chapter in ?The Community Correction Law?,and finally formulate the Law on?The Correction of Minors Community Specification?.Unified norms to improve the pertinence and practicality of the law.On the basis of the characteristics of minors,firstly,our national should establish a special community correctional institution for minors from top to bottom to create a diversified professional team.Secondly,our national should set pyramid-based community corrections according to the period of correction,crime,and attitude of correction.Project system.Thirdly,it can improve the social survey and evaluation system from the three aspects of time,comprehensiveness and truth.Finally,our national should provide institutional design to strengthen the community institutions to pay attention to the community correction work for minors.