The Predicament And Outlet Of Implementing Community Correction Overall In China

Community Correction means taking criminals to community who according with the condition of community correction. They are executed by the special national department in the term which decided by the judge, assisted from some castes, NGO and some volunteers. And though the community correction, their crime mind and doing abuse can be corrected, so can regress the society all right. In China, the development of its relevant theories and practice productions accords with three basic principles: penalty humanitarianism, economization, and socialization. The overall implementation of community correction will become an important opportunity of penalty reformation----penalty socialization. With a view to theoretic discussion, linking current Chinese practice of Community Correction, making a theoretical analysis expectation and institutionalized prospect forecast of its comprehensive implementation in China. There are five chapters in this paper:The first chapter elaborates the origin and its significance of the study firstly. The system and method of correcting criminal based on community are not only the concrete embodiment of the western educational punishment thought, but also are specific implement of penalty economization, humanitarianism, socialization and individuation. Then the paper clears about the crux and orientation of the study and puts forward the research methods and innovation on the basis of analyzing the massive research documents.The second chapter affirms the theory value of overall implement of Community Correction in China according to annotates the inchoation, development, variance and improvement of Community Correction in west. Review the practice of Community Correction in China, it demonstrates constant development trend in recent years. But watching from the society background of transformation period and its own ecological adaptability, there are many predicaments undoubtedly during overall implement of Community Correction in China. So get back to the visual angle of the theory, we should dissect the deficiencies of all sorts of thinking calmly, which put forward in circle of theory and practice at present, and probe into the reason which block the overall implement of Community Correction in China. Then looking for outlet to solve predicament and constructing a new institution of its overall implementation.The third chapter analyzes the predicaments which block the overall implement of Community Correction in China from seven respects. The first predicament of these lies in traditional severe punishment doctrine and retribution punishment thought, which make the overall implement of Community Correction in China lack the soil of consciousness. The second predicament lies in limitations in the understanding of thought foundation of Community Correction at the present stage, such as the understanding of protecting to the crime, of human rights and of criminal responsibility, which have certain disparity with western developed country and have restrained the development of the Community Correction in China. The third predicament lies in the existing community current situation unable to offer material base for the overall implement of Community Correction in China. The forth predicament lies in the special disappearance about Community correcting legal norm in the community is unable to offer the legal prerequisite. Correct organization and working establishment, correction range and concrete operation office procedures lack the clear regulation of the law. The fifth predicament lies in the existing correct organization apt to cause the indeterminate of right and responsibility, which is unable to meet carriers'requirements. The sixth predicament lies in technology. The carried on at present lacks strong talents to support, and lack the advanced experience of management and assesses mechanism, which are unable to put up an effective workbench between the correcting worker and the public. Moreover the system of rewards and penalties performs practically no function. The seventh predicament lies in the lack of source, the folk cultivation utilization and the supply of social security, which is unable to form a benign and cooperative roller chain of community correct working. If only rely on a certain one-sided strength to make this work which has great social factor, there will be many difficulties to win public trust and approval.The forth chapter explores the measure and outlet of implementing Community Correction overall in China. Aiming at the above questions, this chapter tries to pierce the illogicality's essential by rule and line, and considers the macro-transformation and micro-system impulse, then take the right means, in order to realize the construction institutionalized of overall implement of Community Correction in China. At the same time, this chapter will consider the inherent relation of the implement of Community Correction and judicial system reform, in order to get the more value and significant conclusion. Particularly, on the one hand, based on the angle of the macroscopic, we should train and adapt to the brand-new idea of penalty, and lead people to realize and go out of the mistaken idea, then realize the transition to positive and progressive penalty idea, and foster the localization consciousness soil of Community Correction. At the same time, in order to establish the material base for overall implement of Community Correction, we should set up community with scientifically organization and sound management. Stipulate the correct target, executive body and working content in the form of law to offer the legal guarantee for the overall implement of Community Correction. Find a basic route to implement this system overall through improving technology, strengthen supervise, improving management and thinning procedure. Finally, the fund and the requiring construction of social security is development tactics to implement of Community Correction in an all-round way. On the other hand, in order to quantize the rectificatory result and give play to it's supervise efficiency to restrain judging amount of freedom, we should pay attention to the impetus of the micro mechanism, and try to find out and form a whole set of personnel training mechanism gradually, thus increase public trust and acceptance. In order to offer effective support for Community Correction, we should optimize and expand the social intermediary and folk resource, and strengthen the reserve resources and working capability.The fifth chapter is conclusion. This part responds to the questions in the introduction once more and summarizes own viewpoint. This part analyzes the existing insufficiency comparatively objectively and makes further discussion of several questions.