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An Empirical Study On The Change Of Court Performance After The Community Correction Law Took Effect

Posted on:2023-12-14Degree:MasterType:Thesis
Country:ChinaCandidate:W J TangFull Text:PDF
GTID:2556307097486654Subject:Law
Abstract/Summary:PDF Full Text Request
In December 2019,the Community Correction Law of the People’s Republic of China(hereinafter referred to as the Community Correction Law)was officially passed,and it will be implemented on July 1,2020."Community Correction Law" clearly stipulates the responsibilities of people’s courts(hereinafter referred to as courts)in performing community correction work,and adds new contents such as educating the community correction objects and listening to the arguments of the community correction objects,which makes the court perform its duties greatly.On the one hand,these changes are reflected in the "rigid" changes in the performance of duties brought about by changes in legal provisions;on the other hand,they are also reflected in the fact that the adjustment of the legislative concept,the nature of community correction and the mode of social participation of the Community Correction Law have an actual impact on the court’s performance of duties,which brings about some "soft" changes in the performance of duties,such as the urgent need to update the criminal justice concept.Under the background of "Community Correction Law" coming into effect,through the field investigation of the explicit and implicit transformation of the community correction work in court performance,we can understand the actual operation of the transformation of court performance.Based on the results of empirical investigation,this paper scientifically grasps some positive explorations taken by the courts in the process of changing their duties after the Community Correction Law came into effect,and summarizes and analyzes the outstanding problems existing in the process of changing their duties after the Community Correction Law came into effect.Finally,according to the existing problems,some countermeasures are put forward,including establishing new ideas,further improving the pre-trial investigation and evaluation system,strengthening the construction of wisdom correction,comprehensively and systematically standardizing the temporary execution outside prison,and doing a good job in community correction for minors.
Keywords/Search Tags:Community Correction Law, The court, Shift in performance of duties, Pre-trial investigation evaluation system
PDF Full Text Request
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