On Community Correction Of China In The Perspective Of Purpose Of Penalty

The intent of punishment is not to torment a sensible being,or to undo a crime already committed.Each society to the control of crime may be barbaric or civilized, rigid or flexible,Invalid or valid.Since the existence of criminal law is to protect the stability of social order and human rights,it should be fully reflected in the eradication of crime and to curb crime.Rather than stay in,confined to the crime or in retaliation for the eradication of crime.Simple sentences and penalties brutal approach to the implementation of the complex causes of crime really is not a rational choice a civilized society should adopt.The development of penalty has its inherent law;its basic trend is that the penalty is becoming more and more mildness.With the development of human culture,many countries in the worldwide continuously reform and innovate the criminal punishment system and try to punish the crime and convict in a most efficient,humanist and civilized manner.The community correction is such a new punishment method created under this background.As an executive penalty measure against prison correction community,community correction embodies the individualization,socialization and humanity of penalty.Community correction is also the implement of the idea of respecting and protecting human rights in penalty realm, and which has become trend of development of global penal policy in modern time.Community corrections system has been developed f or a long time in abroad, the system and facilities are very perfect.For our country,the community correction system is still a new thing Community Corrections in China has just started,the experience of community corrections also lack specific and operating systems are not perfect July 2003,the Supreme People's Court,Supreme People's Procurator ate,the Ministry of Public Security,the Ministry of Justice jointly issued a " Notice to pilot project on the work of Community Correction ",which marked China's community correction system into the pilot phase,from the past few years,It is worth noting that the community correction system shown strong vitality For 6 years,the system of community correction in full swing in China,the Range of pilot is expanding and the object of correct is increasing year by year,and achieving obvious results In that case, because the Community corrections use a more humane and more rational approach to crime,to care for them,help them,rather than affixed crime labels to them everywhere This makes criminal feel that they have been not abandoned by the society because the fault they had been made No doubt,this will increase confidence in the life of crime, More conducive to their transformation and re-socialization,and more conducive to prevention and control of crime It is precisely because of this,see the hope of Community Correction,the author hope that the writing of the thesis can provides the basis for community correction in theory,So that the Community Corrections can play a greater role in judicial practice,which can do a little help to the full establish of our community corrections system.This is also the starting point of this paper and the ultimate goal.This article altogether divides into five chapters.The first chapter is the outline of community correction system.The author through comparative analysis of concepts of Community Correction,thinking that Community Correction is the activities of non-custodial sentence which is corresponding to prison corrections.On this basis,the author analyzes the characteristics of Community Correction.Chapterâ…¡is the theoretical basis and value of community correction.The author with the starting point of the purpose of penalties,through analysis of the purpose of penalty in different periods,discusses the basic theory of community correction existence.Community Correction sentence taking into account the purpose of punishment and prevention,but also focuses on the special prevention of criminals,so the existence of Community Correction has great value.Chapterâ…¢is the analysis of community correction abroad. The author from the clue of development of foreign community correction,through the analysis of types and agency of foreign community correction,reveals the research situation of foreign community correction system.This has great significance to how to improve our community corrections system Chapterâ…£is the analysis of China community correction.The author through the analysis to community correction situation of before and after the founding of China and now,thinks that China community correction has been acquired some achievements,but there are still many practical problems.If these are not properly resolved,the community correction system in our country can not truly become a reality.ChapterV is the improvement of China community correction system.The author aims to resolve the questions of our community correction system,through comparing with foreign community correction system and combing with our practice.The author raises some advice to prefect our community correction system and concludes that the establishment of Community Correction in China is one of the basic trend of the world penalty,which is also in line with China's basic national conditions.With the constant sound system and continuous improvement of all the work,Community corrections system will become a reality in our country.