Research On The Legal Issues Of Community Corrections

Community correction is a way of penalty execution in our country.Compared with the traditional prison correction,it has more prominent social characteristics.As a way of social execution,community correction has both the severity and the gentle nature of the penalty,which not only needs the regulation of the public authority,but also relies on the help and supervision of the whole society.Community correction in China is relatively late.Now it is in the pilot stage of the country.There are still many aspects to be urgently needed to develop and improve.This paper has combed the research of Chinese scholars on community correction,and collated a series of hot issues in current community correction,such as whether the community corrections should be equipped with police,in which form of police,the legislative discussion of community correction,and the construction of the supervision system of the prisoners.The author believes that the current community correction system is in a period of development and not mature,and there are many problems,such as unidentified nature,unequal distribution of power and responsibility,inadequate social support,and so on.The research part of this paper mainly takes the community correction center of Yangzhou as the research object,with questionnaires and interviews as the tools to understand the common people's understanding of community correction and their attitude,and deeply analyze the relationship between the implementation of community correction and the degree of social construction of the citizens.Data correlation analysis shows that the implementation effect of community correction is closely related to the quality of the system,family care and social attitude.After the multi-party interviews with the judicial administrative staff and the prisoners,the author thinks that the failure of supervision in commmity correction and the occurrence of leakage of pipe leakage should be first attributed to the incompleteness of the construction of community correction system,including the imperfect legal system and the imperfection of the right and responsibility allocation system.Secondly,this problem is related to some community corrections staffs attitude is not correct,and some community prisoners are weak in law-abiding consciousness.In addition to the practical investigation,this paper also discusses the relevant legal construction of community correction,the construction of the supporting system,the distribution of power and so on,and puts forward its own ideas.By analyzing the draft of community correction legislation and based on practical research,I believe that the legislative integrity and seriousness of this law need to be improved.In order to guarantee the legal rights and interests of the prisoners,the legislation should make clear legislative provisions on the way to exercise the rights of the prisoners,the rules that must be observed and the consequences,the cases of malfeasance of the staff and the consequences.In strengthening the social support of community correction,the author not only advocates the promotion of community correction publicity,setting up resettlement places,but also puts forward some ideas for the development of community corrected volunteers.