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Research On The Community Correction System In My Country

Posted on:2019-05-27Degree:MasterType:Thesis
Country:ChinaCandidate:L L FuFull Text:PDF
GTID:2436330578479029Subject:Legal theory
Abstract/Summary:PDF Full Text Request
The continuous improvement and development of the community correction system is an important part of the current judicial development at home and abroad.In the background of deepening reform of the judicial structural,accelerating the improvement of the community correction system has become a consensus.In 2003,the Supreme People's court,the Supreme People's Procuratorate jointly issued the notice on carrying out community correction work jointly by the Ministry of public security and the Ministry of justice,so as to make community correction work officially launched in our country.Community correction was formally incorporated into the criminal code by the amendments to the criminal law of the People's Republic of China(eighth)which was entered into force in May 1,2011.The applicable object and executive agency of community correction were regulated by the decision of revisioning the Criminal Procedure Law of the People's Republic of China which was passed on the eleventh session of the Fifth National People's Congress meeting in 2012.In December 1,2016,the community correction law(Draft for taking advice)was widely consulted for the society,which is significant for the development of the community correction system,indicating that our community correction is moving towards the goal of institutionalization,standardization and legalization.When the community correction system is increasingly valued and will soon be incorporated into our legal system,there are still many problems such as the relevant legislation of community correction is not perfect,the effectiveness of institutional operation is low,and the power allocation is not scientific.All of these influence the function of community correction to a certain extent.This paper will discuss the above problems and research the root of this problem,and provide new ideas for the continuous improvement and improvement of the community correction system.This paper is divided into four parts:In the introduction part,the origin of community correction system is put forward from the change of penalty concept.The shortcomings of imprisonment penalty highlight the theoretical and practical significance of studying community correction system.Through the research of periodicals and books,this paper reviews,summarizes and summarizes the current theoretical basis of community correction,and conducts theoretical research on community correction work involving different regions and groups.This article carries on the discussion through the literature research and the empirical analysis.The second part summarizes the district correction system,analyses the concept of"community correction" from academia and practice,discusses the theoretical basis of the development of community correction system,and analyses the value of the existence of community correction system.The third part,by introducing the working measures and characteristics of Fenghuang County in the practice of community correction,clarifies the actual situation of community correction system put into practice,sums up the common problems existing in the implementation of community correction system at the grass-roots level,and analyzes the reasons for the problems.In the last chapter,this paper explores the new path of the development of community correction system in the new era,and puts forward some corresponding suggestions,such as changing ideas,improving the legal system and improving the establishment of institutions.
Keywords/Search Tags:community correction, judicial reform, non-custodial penalty, suggestions for improvement
PDF Full Text Request
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