Research On Procuratorial Supervision Of Community Correction Of Minors In China

In recent years,as the problem of juvenile delinquency has been paid more and more attention in China,the implementation of community correction for minors,as an alternative to imprisonment,has been favored by the theoretical circles and legislation.The role of procuratorial supervision can not be ignored in order to make the community correction work of minors smoothly carried out.If the procuratorial organ does not have a set of feasible legal supervision mechanism for the minors in the community correction,it will inevitably cause violations of the rights and interests of the minors in the correction process or violations of laws and regulations in the implementation process,resulting in the normal operation of the correction activities.Therefore,the necessary procuratorial supervision on the community correction is a necessary way to ensure that the minors achieve the purpose of correction.Perfecting the procuratorial supervision procedure of juvenile community correction is conducive to the establishment of a complete juvenile justice system,the protection of the rights and interests of minors in correction and the purpose of smoothly returning to society,and the maintenance of the dignity and authority of the law.This article mainly focuses on the current legislation and judicial practice in China,and comprehensively discusses the procuratorial supervision of juvenile community correction in China.The first part introduces the basic connotation,concept and development process of procuratorial supervision of juvenile community correction in China,and analyzes the importance of procuratorial supervision in juvenile community correction from the perspective of the function and basic theory of the system.The second part studies the legal supervision of community correction in the United Kingdom,the United States,Japan and Germany,the responsibilities of the supervision subject and the division of authority in the community correction of minors,so as to provide reference and reference for the exploration of the procuratorial supervision system of community correction of minors in China.The third part mainly analyzes the difficulties and problems in the procuratorial supervision of the community correction of minors in China: on the one hand,it analyzes the internal reasons for the poor effectiveness of legal supervision from the perspective of the setup of procuratorial organs and the division of labor among departments;on the other hand,it analyzes the external reasons such as the imperfect legal provisions,the problems in the links of community correction and the immature technology.The fourth part studies in detail how to improve the procuratorial supervision system of juvenile community correction in China: it analyzes and discusses the legislation,judicial links and relevant supporting measures in China.Realize the restriction and protection of minors’ rights,and explore a new extension of the procuratorial organ’s supervision over minors in the process of correction.