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The Research On Execution System Of Community Correction Of China

Posted on:2019-10-24Degree:MasterType:Thesis
Country:ChinaCandidate:X DuFull Text:PDF
GTID:2416330596962760Subject:Law
Abstract/Summary:PDF Full Text Request
Since the 1970 s and 1980 s,various countries have been innovating the penalty system,trying to deal with crime in the most beneficial way.Community correction is the exploration and practice of such a penalty way.In 2003,Shanghai,Jiangsu and other six provinces(cities)became the first pilot provinces of community correction,and carried out the pilot work of community correction.The Amendment to the Criminal Law of the People's Republic of China(VIII)in 2011 clearly stipulates that "community correction shall be carried out according to law",and the decision of the National People's Congress on the amendment and adoption of the Criminal Procedure Law of the People's Republic of China on March 14,2012 stipulates that "control shall be imposed,suspension of sentence,parole or suspension of imprisonment shall be imposed." The executing criminals shall carry out community correction according to law,which shall be carried out by the community correction agencies.Community correction has entered a period of implementation according to law.In 2013,the Third Plenary Session of the Eighteenth Central Committee "Decision of the Central Committee of the Communist Party of China on Several Major Issues Concerning the Comprehensive Deepening of Reform" clearly proposed that "the community correction system should be improved".In May 2014,the National Conference on Community Correction was held by the two departments of the two courts,which made an overall arrangement for promoting the work of community correction in the whole country,and put forward new requirements for the management of education.As a result,community correction has entered a comprehensive promotion period and is developing step by step.Community correction as a form of criminal execution is universally applicable in China.With the influence of the socialization of execution,the number of community correction prisoners is increasing,and the personnel composition is becoming more and more complex.The responsibility of community correction execution is also increasing.Our country has not yet introduced community correction law,and the community correction system is also immature.Therefore,Chinese scholars have studied the framework and system design of the community correction system in China.On the basis of previous studies,this paper first combs the main contents of the implementation system of community correction,divides the implementation system of community correction into several main contents,such as the cohesion of implementation,the main body of implementation,the implementation measures,the implementation guarantee and the effect of implementation,and makes full use of comparative analysis research methods to study the community at home and abroad.The different legislation and practices of corrective enforcement system;secondly,using empirical analysis method,we deeply analyze the prominent problems and their causes in the process of Community Corrective implementation in China.Finally,using the value analysis method,through the previous theoretical and practical analysis of the implementation system and mode of community correction,combined with the value of the implementation of community correction in China to pursue and realize,this paper puts forward corresponding suggestions for the improvement of the implementation system of community correction in China.
Keywords/Search Tags:Community correction, Executive subject, Executive measure, Pretrial investigation, Social effects
PDF Full Text Request
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