| Since the modern period, the penalty, imprisonment has become the center of the system of penalty in the universe, correct the criminals with the imprisonment substance of returning to the society. But an imprisonment means to separate the criminals from the normal society, with the aim of re-socializing the criminal, and makes a sharp contradiction between the methods and target inevitably. In the modern society opening day by day, the operation cost of correction by imprisonment has increased continuously, but the transforming effect makes people disappointed. To respite this problem fundamentally, in the west, it has sprang the executing mode of community correction, advocated to perform imprisonment cautiously, place the criminals in the society to accept correction as much as possible, at the same time enlarged the attendance of correction by the social force, to make advantage of the criminals to return to the society.However, seeing from the actual situation in our country, in the system of community correction, there still exist some impacts on conception. One is, risk responsibility on the view of objection, it leads unwilling use. Currently, the abilities of independent prevention and correcting the criminals are weak in the communities in our country, if the persons who are serving a sentence appears the out of control and offending for another time during the period of community correction, even some malign cases, the relevant courts, judicial and administrative organs should all undertake the risk to certain extent to the conditional release of the persons who are serving a sentence, and worry about some relative incumbents will be claimed and be investigated the responsibility. Therefore, rather than undertaking the risk, it is better to send them to jail with more insurance.Two is the impact on the tendency of paying more attention to the imprisonment, and less to the non-imprisonment. So far, the sentence, imprisonment is still regarded as importance in our country, it is considered that only sending the criminals in the prison is the most safe way, which embodied the idea of base on the society, instead of base on human, putting the balance more to guard the society, will lead an opposite result usually, as the safety and steady of the society is determined by people. Three is the conception of retributive penalty among the mass is strong. Since the starting of democratic ruled by law, the conception of retribution among the mass are still strong, and have the feeling of hatred to the actions, such as the criminals who has damaged the society, lives, properties and safety of the citizens, usually people ask the judicial organs for punishing the criminals as heavy and fast as possible to the criminals, so it leads that the whole society from upper levels to the lower levels have the tendency of paying more attention to crack and less to correct, more to manage and less to educate. Four is the view of educational penalty has not been fulfilled actually. During the judicial practice, it pays not enough attention to the function of education and affection, do not dare to implement the non-imprisonment method, it is unsuitable for protect re-offending and the security of social public, also the penalty of state is hard to lift from poor circle.The rise of community correction is not fortuitousness; it has a bigger social advantage and obvious social value, compared with traditional penalty performing mode. Speaking from the theoretic analysis and practical analysis on community correction, it mainly has the following reasons:Firstly, the popularity of community correction is the object demands of humanistic penalty. The penalty in the current world should be the righteous penalty and civilized penalty. With the developing process in the history of human material civilization and spiritual civilization, the system of penalty has undertaken the evolution process from heavy penalty to slight penalty. At this late hour, the system of penalty has converted from as the centre of imprisonment again to popularize non-imprisonment. Though the penalty is punitive, and the purpose of penalty is not to wreak hatred, but to remold and prevent the criminals. Compare with heavy penalty, the community correction is more humanistic than that, and more suitable for fulfilling the purpose of penalty.Secondly, community correction is the actual demands to decrease costs of penalty and execute economically. Since it needs resources input while implementing penalty to the criminals, and the community correction compares with imprisonment correction, it can decrease the costs by a wide margin. It is estimates by the experts: the annual average cost of a criminal in prison may be more than RMB 17,000 Yuan. The huge imprisoning costs make a heavy burden to the state finance. While by penalty socialization can reduce the number of being under detention effectively, and the costs of penalty, which not only can save more funds to perfect the environment of prison, and enhance the quality of remolding prison, but also can improve to educate the criminals better.Thirdly, community correction is the apodeictic demand for the criminal to returning the society. The persons serving a sentence in the prison are always hard to suit the daily opening and changing social life for a short while after the termination of penalty. So compare with imprisonment correction, community correction is more suitable for remolding criminals and smoothly returning to the society in the end. The community correction belongs to the type of opening, and better remolding methods to returning the society.Fourthly, community correction is the practical demand for improving a stable and harmonious society. In the current experiments of community correction, the objects of community correction have an average re-offending rate below 1%. This has proved fully that the possibility in the system of community correction and efficiency in maintaining a stable and harmonious society, basing on the primary achievements gained in experiments of community correction, it should enlarge the scope of application to community correction further, expand the rate of personal number in community correction, and genuinely fulfill the convert the centre from imprisonment correction to community correction, with the purpose of providing powerful insurance for constructing harmonious socialist society in the harmony of penalty execution.The stones on other mountains can damage the jade, as the important composition in the system of penalty, although there are differences among the systems of community correction in the universe, there has existed the fundamental common sense, namely obvious effect on correcting and preventing offending. Facing the new situation appeared in the current west countries, i.e. the penalty executing centre has converted from prison to community correction, we should insist the spirit of sharing human culture, research and explore earnestly, learn and absorb the reasonable essence of it actively, and take the conception of improving the criminal to return to the society as the highest conception of community correction. Only changing ideas can lead the fundamental and all-sided development. Community correction represents the trend and tendency among the development of penalty in the universe. As a worker engaged in law, especially the law executor, should have a correct reorganization to community correction, and lead the trend and direction in conception. Under the environment of reform and opening, the conditions for developing community correction as early as possible, improving the reform of domestic penalty in great efforts, have been mature, and become the necessity. For the point, in July, 2003, it has developed the experimental sits in some area in out country. Under this background, it is urgent and necessary to enhance discussing the theory of community correction.This thesis, with the aim of making a deep discussion to the thought evolution, value and social base to develop the community correction in our country in system, has offered advices to the construction mode of the domestic community correction. In this thesis, beside the introduction and conclusion, the main body is divided into five parts.Part 1: It is a brief introduction to the community correction. basing on discussing the conception of community correction, starting point and analysis on the range in detail, it is ranged the developing process of the ideas to the community correction in system, and introduced to the developing trend and main characters of community correction in the current world, and pointed out that the idea of community correction is the production of unceasingly moved forward to the civilization by the human society, since the recent times, though this kind of idea faces impacts, it still possesses strong life-force.Part 2: It is the analysis on the value of community correction. Application the method of value analysis, it has separately demonstrated the special value of community correction for the subject of punishing, development of state and society and improving the construction of ruling by laws. It is pointed out that community correction can make a better protection to the basic rights of the punishing subjects, be more helpful for remolding and returning to the society to them, for overcoming the dissimilation of character by prison, and specially avoid to make a morbid character;For the developing value of state and society, community correction can decrease the costs of penalty, with unique value of advocating democracy and improving the steady of society; For improving the construction of ruling by laws, the community correction has the functions of showing the protection to the human right in Criminal Law, promoting the judicial conception to convert towards base on human fast, and has an important effect of providing experiences for pushing the reform of judicial system forward.Part 3: It is about the necessity and possibility of developing the community correction in our country. It has stressed on the instancy and necessity of pushing domestic community correction forward, from the view of comparison history with reality, set forth all the bases on traditional culture, real society and jurisprudential theory possessed by developing the community correction in our country, and proved the possibility of developing the community correction in our country, and it has pointed out that, in the current society, the condition of stimulating the community correction has been mature.Part 4: It is about the explored to the practice of developing the community correction in our country. From the point of prove, it has analyzed actually on the achievements and defects during the experiments of community correction currently.Part 5: It is about the construction mode of domestic community correction. This part has discussed particularly on the issue of how to perfect the system of domestic community correction, and emphasized that to contribute a community correction mode which is not only in accord with the developing trend of human judicial civilization, but also possesses Chinese characters, it must make a further effort on the conception, system, operation and so on.
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