Research On The Responsibilities Of Judicial Administrative Organs In The Community Correction In China

The subjects of community correction in China include the subjects of state power and the subjects of social power,and there are different roles and functions of each subject in community correction.Since the implementation of the Community Correction Law,it means that China’s community correction has entered a new stage,which makes the judicial administrative organ,as one of the subjects of state power,move from the “background” to the “foreground” and from the “subject of work” to the “subject of execution”.This indicates that it plays a crucial role in community correction,which is directly related to the smooth implementation of community correction operation and the effective operation of community correction system.Based on this,in order to ensure the good and effective operation of China’s community correction system,ensure the implementation of penalty enforcement power,and fully practice the concept of positive welfare and limited government theory,it is necessary to clarify the duties of judicial administrative organs in community correction.According to the provisions of Chapter IV and Chapter V of community Correction Law,combining with the nature of community correction,the duties of judicial administrative organs in community correction can be divided into supervision and management duties and education and assistance duties.Among them,the implementation of the supervision and management should follow the principle of punishment enforcement is not transferable and responsibility out principle,at the same time for the duty to perform in the face of the legislative level and practice level two problems through detailed regulatory content,improve the community correction system of rewards and punishments,strengthen execution,and improve supervision and management measures to optimize the four aspects.Under the support of the positive welfare concept and the limited government theory,the setting of the responsibility of educational assistance is carried out in accordance with the principle of efficiency,the principle of promoting effective social participation and the principle of effective supervision.At the same time,there are three problems in the performance of this duty:insufficient education and support ability of judicial administrative organ staff,insufficient participation of social forces,and inadequate management of judicial administrative organ to social forces participating in community correction.Judicial administrative organs should ensure that the duty of educational assistance can be effectively performed by improving the educational assistance ability of the staff,organizing social forces to participate in the work of educational assistance and supervising social forces to participate in the work of educational assistance.In addition,in the whole process and specific links of community correction,judicial administrative organs should fully perform their duties of supervision,management and education.If they fail to perform their duties or do not conduct their duties properly,which leads to adverse consequences and damages the interests of victims,correction objects or interested parties,they should bear corresponding legal responsibilities.