On The Dilemma And Perfection Of The Application Of Community Corrections For Migrant Criminals

At present,China is in a period of social transformation and steady economic development.The scale of the floating population is basically stable at about 240 million along with the steady economic development.The large-scale floating population will inevitably bring about a sharp increase in the crimes committed by the floating population,in particular,in some eastern coastal cities with better economic conditions,the number of cases and criminals committed by the floating population has far exceeded the number of cases and criminals committed by the local population,therefore,it is of great significance to pay attention to the difference of the criminal treatment of floating population criminals in order to test whether the principle of equality of all persons in Criminal Law is applied effectively in the field of penalty execution.As a measure of social internalization,community correction has less influence on the life of criminals and is conducive to the active reform of criminals and their better return to society,therefore,to investigate whether there is differential treatment in community correction for floating population criminals is to examine whether floating population criminals have been treated equally and whether they have been positively reformed.In this paper,we have selected some representative sites in different regions of China to investigate the application of community correction to the local floating population criminals.Through the statistical investigation of the Midwestern Sectional Figure Skating Championships and the eastern region,it is concluded that the proportion of floating population criminals in the application of community correction is significantly lower than that of non-floating population criminals,it is also believed that the difficulties in the application of community correction,which is significantly lower in refraction,are mainly due to two factors: the deviation of ideas and the difficulties in application,among them,the ideological deviation mainly includes three aspects: the conservative trial idea of emphasizing stability over prevention,the tendency of floating population's "crime labeling" to be prominent,and the trial inertia of "registered permanent residence",the difficulties in application are mainly due to the deviation of the center of gravity in the practice of probation system,the exclusive restriction of the standard of the place where the community correction is carried out,the dissimulation of the standard of investigation and evaluation,the restriction of compulsory measures in the application of correction,the shifting of responsibility between the two places and the restriction of trial.Under the background that "Community Correction Law" has just been put into effect,this paper predicts the positive effect that may appear in the application of floating population criminals after its implementation,on this basis,it is considered that the fundamental solution to the plight of community correction of floating population requires the establishment of the concepts of equal treatment,crime fact-centralism,social correction and so on,and that in the present age when the development of science and technology has been extremely developed,it puts forward that we should make full use of the scientific and technological means,set up the platform of information sharing and cooperation in handling cases in the Department of Public Security,procuratorial and judicial affairs,change the focus of the community correction work and focus more on the education and correction work,and set up the post-investigation and evaluation procedure more precisely to establish the correction plan The scope of application of community correction shall be expanded,and the guaranteed pending trial shall be brought into the community correction and other suggestions and measures.