Empirical Study On Community Correction Prosecutorial Supervision

Community correction is a non-custodial penalty enforcement system that corresponds and match to prisons and public security enforcement penalties.In 2013,the Third Plenary Session of the 18 th CPC Central Committee made a decision:“ Abolish the system of reeducation through labor,improve the punishment and correction laws for illegal and criminal acts,and improve the community correction system.” This indicates that community corrections will usher in new development opportunities.With the development,problems such as de-pipe,leaking,and uncorrected may occur,and misapplication,irregular law enforcement,and lax enforcement may occur.Therefore,how to better play the prosecutorial supervision function and ensure the healthy development of community corrections is a new topic of prosecutorial supervision.Based on the research background,research significance,and research status at home and abroad,this paper expounds the necessity of conducting empirical research on the Community correction Prosecutorial supervision.Through the discussion of basic issues such as concept,characteristics,purpose,value,legal basis,and the analysis of the relationship between prosecutorial supervision and judicial handling,the key points of empirical research are clarified,namely,the status quo of prosecutorial institutions,prosecutorial systems,prosecutorial teams,the operation of supervision means and the operation of case handling work.Considering the size of the prisoners in the community and the size of the procuratorate,this paper selects a representative J city as the research object,using the investigation method,participatory observation method,case analysis method and other methods,this paper has carried out a more in-depth empirical analysis of the development of the Community correction Prosecutorial supervision work in J city.This found that the system is imperfect,the mechanism is not perfect,the supervision is in the form,the rigidity of the means is insufficient,and the supervision standards are not uniform.Based on the above problems,and through the analysis of the internal and external factors that affect the problem,this paper puts forward some countermeasures.One is to improve the procuratorial supervision system with the reform of internal institutions,the reform of the post procurator,and the recruitment of clerk;the secondis to establish a people's supervisor mechanism,an early warning and supervision mechanism,a comprehensive governance evaluation mechanism,and internal and external coordination and control mechanisms;the third is to broaden the channels of clues and strengthen the judicial handling of cases;the fourth is to promote smart procuratorial and information construction;the fifth is to incorporate public interest litigation into the Community correction Procuratorial supervision;the sixth is to strengthen legislation and standardize the standards of procuratorial supervision.