Research On The Legal Regulation Of Electronic Monitoring In Community Corrections In My Country

With the advancement and in-depth development of community corrections,how to strengthen the prevention and control of violations and violations of community prisoners has become a big problem.At present,some places in China try to use the GPS positioning mobile phone system,especially for the implementation of the "injunction" of the Criminal Law Amendment(IX).However,the GPS positioning mobile phone system only belongs to the “knowing” level,and has nothing to do with the “control” level.How to prevent others from replacing the information input by the supervised personnel or being separated from the terminal by the supervisor or even re-offending is a problem that cannot be solved by the GPS positioning mobile phone system,and needs to be continuously improved and improved.Drawing on the experience of extraterritorial domain,based on the practice of community correction in China,try the electronic monitoring(electronic ankle bracelet)pilot to improve the effectiveness of supervision,and at the same time need to be used in conjunction with other treatment measures.These will become the focus and difficulty of future community correction supervision.We will respond positively.As one of the important management methods of community correction,electronic surveillance has legitimacy and necessity.The application of electronic monitoring in community correction must be based on empirical evidence.According to the actual effect of electronic monitoring in penalty execution,it is determined.The object of electronic monitoring.According to China's current legal regulations,the object of community correction can be the object of electronic surveillance in terms of urgency,but from the conclusion of the field empirical research,the applicable object of electronic surveillance should be more "personalized".Different types of crimes and offenders cannot be generalized.In the applicable limits of electronic monitoring,it is necessary to abide by the requirements of“equality” and “humanity”,and further apply the hierarchical level on the basis of perfecting legislation.