| Community correction refers to the process of implementing community supervision on prisoners and arranging specific services according to the specific conditions of the prisoners.Its purpose is to achieve the desired effect of transformation and improve the ability of community corrections to reintegrate into society.The Decision of the Central Committee of the Communist Party of China on Several Major Issues of Comprehensively Deepening Reforms proposes to "improve the punishment and correction laws for illegal and criminal acts,and improve the community correction system." In recent years,with the continuous advancement of the new round of rule of law in China,the community correction work has made great progress.However,there are many deficiencies and defects in the operation of the current community correction system in China,including the unclear law enforcement subject and the professional correction team.The degree of change is not high,the legal status of non-governmental social organizations or capital in community corrections is not clear,and the correction environment for community correction targets is poor.These problems directly affect the daily operation of the community correction work and its correction effect.On the basis of referring to a large number of materials,this article combines the author's own work experience,takes the community correction system as an entry point,deeply analyzes the existing problems,causes and effects,and proposes some personalized ideas for promoting the healthy development of the community correction system in China.Suggest.This article is divided into five chapters.Chapter One,Introduction.It mainly discusses two aspects.One is from the reason and significance of the topic selection.After the introduction of the"Community Correction Law" in China,the existing research is mainly based on the "Community Correction Implementation Measures" and other rules and regulations,which have been unable to keep up with the needs of legal construction.In order to further meet the needs of the community correction system,it is necessary to conduct in-depth research on this issue.Second,starting from the research method,adopting empirical analysis method,combining practical problems found in their own work,put forward practical suggestions,adopting comparative analysis method,comparing the advantages and disadvantages of foreign community correction models,and giving useful enlightenment.Adopt the literature analysis method and refer to the literature materials of Chinese and foreign studies to provide theoretical support for the writing of the thesis.Chapter two,the problems existing in our country's current community correction system are mainly analyzed through the following four aspects.First,starting from the defects of system construction,community correction personnel have no law enforcement power,and the asymmetry between the supervisory body and the law enforcement body;second,from the personnel structure,analyzing the serious shortage of community correction personnel,there are few full-time and full-time staff,and community work There is a shortage of volunteers and volunteers.The third is to analyze the problem of simplification of supervision and management and education assistance from the daily management operation practice.The supervision of community correction work is often written supervision and formal supervision,and the effect is not good.Analysis of problems existing in the supervision process of county L.Fourthly,starting from the administrative-led model,it is analyzed that the role of social forces in community correction has not appeared.Affected by the administrative system management model,the professional team has not been approved by the government and has not formed a social environment for large corrections.The third chapter,analyzes the causes of problems in the current community correction system in China.Explain the reasons for the problem from four aspects.One is to start with the shortcomings of multi-department cooperation,focusing on analyzing that in the specific practical process,the mechanism of mutual cooperation of public prosecution laws has not been brought into play.The judicial administrative organs have a low position in the public prosecution law department.light".The second is to start with imperfect team building.The focus is on system construction.There is no set of related systems for team building.Social workers and volunteer recruitment have not formed a systematic system.The third is to start with an inadequate legislative system.Community corrections have not formulated basic laws for a long time,relying on the "Community Correction Implementation Measures" jointly formulated by the Ministry of Public Security and the Ministry of Justice.Legislation design for community correction.After the promulgation of the"Community Correction Law",due to the short time for the introduction of the new law,it will not be able to play its role in the short term,and a process is needed for system construction.The fourth is to start from the failure of the social and civil forces to analyze the current mode of system operation is still dominated by government-led,administrative management methods,did not promote the participation of specialized organizations through the purchase of social specialized services by the government.The above problems affect the final effect of community correction,which is not conducive to saving judicial resources and optimizing resource allocation,and at the same time,it does not mobilize the participation of private capital and community forces.Chapter 4,The inspiration of the community correction model in Beijing and Shanghai in China,and the successful experience of the community correction system model in the United States and Japan.Enlightenment from Beijing model and Shanghai model:The Beijing model adopts the top-down administrative management model,highlighting that community corrections are characterized by government-led and penalty execution,which is conducive to enhancing the authority of community correction institutions.The Shanghai model puts more emphasis on the participation of community forces,diminishes the administrative color,uses strong funds,and introduces social work into the management and services of special groups through the purchase of public services by the government,which is conducive to promoting the humanized transformation of community correction targets.Release government regulatory pressure.Drawing lessons from the American model and the Japanese model:establishing a perfect community correction legislation system,formulating top-down implementation rules,accelerating a perfect community correction team,and setting up full-time staff with reference to the Japanese community correction civil service sequence while increasing recruitment of private volunteers The record clearly defines the attribution of law enforcement power,referring to the system of parole officers and probation officers in the United States,strictly selecting professional talents to give them the authority to detain,and appropriately increasing the scope of community corrections.You can refer to the American model to include some group crimes such as negligent crimes,juveniles,women,etc.into the scope of community corrections.Chapter V,summing up domestic and international experience and practice,combined with the new internal "Community Correction Law",proposes countermeasures and suggestions for improving our community correction system from four aspects:perfecting the system,strengthening team building,improving corrective measures,and strengthening social forces.Start from the aspect of system construction.One is to refer to the"Rehabilitation Protection Model" of the Japanese model,establish a special correction institution,and set up the Community Correction Administration within the National Ministry of Justice,and set up the corresponding community correction institutions in the county,city,and district judicial departments According to the actual situation,in Villages and towns set up branch correction management bureaus.The second is to refer to the "public protection model”in the United States and grant community corrections the power of law enforcement to the judicial administrative organs and to grant community corrections personnel the status of judicial police.The second is to constructive and professional,high-quality law enforcement teams that highlight violations of the community.The duties of the judicial police in this are to clearly define the positions of public officials in the community correction management and execution agencies.It is to play the role of social volunteers and community workers.Do a good job in recruiting social volunteers,encourage volunteers with relevant professional skills to participate,and actively play a supporting role in implementing community corrections.Start with management measures.The first is to highlight the work of the correction team based on the practicality of the supervision system.Emphasis is placed on correcting the regularization plan,adopting the "classification management" model to deal with probation crimes such as traffic accident crimes and the crime of abusing forest trees,and adopting the general management method.The role of the correction team is exerted.In pre-trial investigation and evaluation,daily reports and other supervision activities,it is important to listen to the opinions of the village committee and village cadres and increase their participation and voice.Starting from the community correction and education system,establish a joint correction and education system of various departments in the system construction,and form a correction group according to the characteristics of the community correction objects,for example,those who require jobs can join the teaching and assistance by the human and social security departments,etc.,according to the community correction objects It is Eysenck's psychological evaluation system to evaluate the situation and formulate different teaching programs.Start with the participation of social forces.Clarify the entry criteria and forms of participation of social forces.In the specific implementation system,it is necessary to improve the working mechanism of social organizations participating in community corrections,clarify the legal responsibility of social organizations participating in community corrections,improve the operating mechanism,and ensure its scientific operation.The second is from the perspective of encouraging the development of professional teams.The government plays an active role in the development of social service teams.It has introduced encouraging policies,such as tax reduction and exemption,increasing special budgets,etc.A professional teaching team helps improve multiple professional teaching services for community correction targets. |
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