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Reflection And Improvement Of The Community Correction System

Posted on:2015-11-26Degree:DoctorType:Dissertation
Country:ChinaCandidate:Z F XieFull Text:PDF
GTID:1226330467452099Subject:Criminal Law
Abstract/Summary:PDF Full Text Request
As a new way of execution of punishment, the penalty of community correctionsystem is bang on trend of development of modern, favored by many countries.Community correction system not only can fully compensate for the lack ofcorrection sentence of imprisonment, but also contains a variety of intrinsic valuecan not be ignored: First, The system focus on the use of social resourcesperpetrators correction, helps to reduce the cost of national justice; secondly,focusing on offenders Personality correction, The system helps the offender’s returnto society and self-development; finally, The system focuses on the "victimization-Killing" relationship repair, more conducive to the maintenance of order in thecommunity and so on. Our country attaches great importance to the construction ofcommunity correction system,"CPC Central Committee on deepening reform of theoverall number of major issues," November12,2013Eighteenth Communist Partyof China Central Committee adopted at the Third Plenary Session made: theprovisions of "the abolition of reeducation through labor system, improvement of thecriminal acts and the correction of law, improve community correction system". Inour academic scholars also actively conducted to research on community correctionsystem, these research improved crime prevention and other minor communitycorrection system made many good policy. However, existing research oncommunity correction system have been disappointing, there are some places, suchas the relative lack of empirical research, ignoring laws and regulations related tocontact between the research perspective is single and so on.For the above problem, this paper intends to Chinese province as an examplefor our community correction system to reflect and propose improvementsuggestions. Compared with previous studies, this research is more focused on theempirical analysis of community correction system, namely the use of empirical research methods literature analysis, empirical research methods, and interviews andother community correction system for our study. In summary, this paper studiesconducted by Community Correction System, to study the issue in favor of the richtheoretical base and broaden research perspective of the problem. Specifically, theresearch contents are as follows:First, research on community correction system first turn and investigate theneed for the study of the problem. Based on the research status of CommunityCorrection System on finishing summarize, I believe that studies of communitycorrection system has the following characteristics: First, the study of communitycorrection system is more concerned about the hot issues of Community Corrections,such as the Community Correction System write to China’s criminal law, and theestablishment of community correction in some provinces and other issues; andsecond, our academic research on community correction system, mainly in theperspective of legal norms, whether it is the study of different objects of communitycorrection system of our country different implementation of research in the area ofcommunity correction system, the research on community correction legal norms orthe study of other specific content and implementation of community correctionsystem, the scholars basically to legal norms-in particular criminal law norms as thestandard expanded to of Community correction System; and third, our academicresearch on community correction system is more focused on the theory of learningabroad. On this basis, the paper studies the status quo of China’s communitycorrection system with a reflection that there is a major flaw: First, the theoreticalbasis of relatively weak; and second, the relative lack of empirical research. Toovercome the above problem, this paper province as an example to reflect ourcommunity correction system and propose improvement measures, specifically, thesignificance of this study are as follows: First, strengthen basic research in the theoryof community correction system; secondly, focusing Empirical Research Methods in.Secondly, the main issues of community correction system were studied. Ibelieve that should define the concept of community correction system as follows:"Community Corrections is opposed to the execution of imprisonment correction mode refers to compliance with the conditions of community correction offendersplaced in the community, by the specialized authorities in the relevant countries andcivil society groups with the assistance of volunteers, organizations and society, andin the judgment, ruling or decision determining the period of psychological andbehavioral correction of their criminal abuse, and promote their successful return tosociety of non-custodial penalty enforcement activity "theory of CommunityCorrections for background: first, the penalty humanitarianism; second, the penaltyModesty thought; thirdly, execution socialization philosophy; fourth, restorativejustice philosophy; fifth, social control theory. In addition, this section also apply tothe object and value of community correction system and other issues were studied.Once again, from the Chinese province to see status and characteristics ofcommunity correction system. This part of the specification from the CommunityCorrections Act the main content for the status quo as well as a typical case of aprovince within a province-wide community correction system point of view, toapply to the status quo of community correction system more systematicpresentation and summarized as a basis for a Features province and our communitycorrection system: First, China’s community correction system is in the initial stagesof construction; the second, more emphasis on community correction of constructionwork; third, more emphasis on education and reform of inmates to the community;fourth, China’s more emphasis on the maintenance of the peace community.Another time, on community correction system were viewing. To applicableconditions and characteristics of community correction system, based on the authorof community correction system with a reflection that our community correctionsystem mainly has the following shortcomings: First, the legislation and the relevantprovisions of the existing problems, mainly as follows: lack of concrete theprocedural provisions, pre-sentence investigation system missing, missing hearingsystem, lack of criminal record Elimination System, deletion against juvenileoffenders community Correction special regime. Secondly, the implementation ofCommunity Correction System Problems, mainly as follows: lower utilization ofcommunity correction system, the implementation of the limitations of the main level, community correction too strict discipline. Finally, the mass base ofcommunity correction system is weak.Finally, to improve the community correction system recommendations. Theauthor believes that the following aspects should be perfect for our communitycorrection system: first, a sound system of community correction system of legalregulation, should do the following main aspects: from the macro level, thedevelopment of "People’s Republic of China Community Correction law "; from themicro level, so that pre-sentence investigation system of community correctionsystem has become a necessary legal procedures, an additional hearing system, theelimination of additional criminal records system, the addition of a special juvenileoffender community correction system. Second, to improve the implementation ofaspects of community correction system, mainly the following aspects should bedone: to expand the scope of community correction system, strengthen theimplementation of the main building of community correction work, improvediscipline control community correction system applicable objects. Third, to enhanceawareness of community residents and community groups serving officers should dothe following main aspects: community awareness training supervision and controlof inmates to community residents, and improve community correction systemApplicable sense of community.
Keywords/Search Tags:Community Correction System, Crime Prevention, Community Correction Law
PDF Full Text Request
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