| It has been more than ten years since the trial of community correction was carried out in 2003.With the development of community correction system and the strengthening of socialist concept of rule of law,community correction has become an important part of penalty execution in China.However,the lack of top-level legal system and weak enforcement agencies greatly restrict the function of the community correction system.At the same time,the opinions put forward by Chinese experts and scholars on the study of community correction outside the country tend to draw lessons from the experience of western countries governed by law,and do not proceed from China's national conditions.At present,there is a relatively lack of effective reform measures to grounding the air.Community correction needs not only the leadership of state power,but also the wide participation of society.It has been nearly two years since the Community Correction Law(draft)was put forward.It is urgent to formulate a high-quality community correction law suitable for Chinese practice.This is not only the requirement of constructing criminal law and policy,but also the foundation of constructing the judicial system of community correction in our country.This paper is divided into four parts: the first part expounds the basic connotation and historical development of community correction;the second part comparatively studies the development history and correction mode of the community correction system in the United States,Japan and Britain,and finds out the commonness and difference of community correction in the main countries under the rule of law outside the country by comparison;the third part.Firstly,this paper discusses the development and operation of the two mainstream community correction modes in China-"Beijing mode" and "Shanghai mode".Then,combined with the author's Chongqing city,the paper studies the community correction under the three modes.The fourth part discusses the problems existing in the community correction work in China,including the law.On the basis of the imperfection of the system,the insufficiency of supervision and the inadequacy of corrective measures,this paper puts forward some concrete measures to solve the problems existing in community correction in China.In terms of research methods,the author mainly uses the following methods to explore: First,literature collection method.In this paper,the community correction system as the research object,in view of the difficulties faced by the community correction system,the use of library,network resources,the collection and reading of domestic and foreign community correction related books,periodicals,papers and national policies and other literature.This paper reinterprets the community correction system in China,points out the disadvantages and dilemmas in the practice of community correction,and puts forward some measures to perfect the community correction system in China so as to realize its special value function of punishing crime and returning to society.The two is the field investigation method.The author chooses Chongqing as the investigation point,and takes the town street(community)cadres,residents,judicial staff,community prisoners as the investigation object to understand the status of community correction work.Collect the typical cases of community prisoners,and find out the beneficial results and urgent problems of community correction in practice.The three is the comparative study.Through comparative analysis,this paper compares the differences between Chinese and foreign community correction systems horizontally,compares the development course and implementation status of "Beijing model","Shanghai model" and "Chongqing model" of community correction in China vertically,analyzes the deficiencies in the design of community correction system in China,and puts forward some suggestions that are suitable for China's judicial practice and beneficial to me.Reference measures for the development of community correction system in China. |
PDF Full Text Request