The Discussion About The Implementing Subject Of Community Correction In China

In accordance with the existing laws of Chinese Mainland, it is the duty of the public security organs to supervise the community correction targets. But because the public security organs set public order, investigation, execution on a mission, it is inconsistent with the demand of non-imprison punishment, having conflict with the operation rules of criminal justice system, and because of the burden of arduous tasks, such as fighting against crime and maintaining the public order in society, they can't take into account their time on the supervision of minor criminal offenders. In recent years, at the same time with the extensive criticism to the implementing mode, academics and criminal law departments had to seek and demonstrate a more reasonable and effective mode. Since 2003, the Supreme People's Procuratorate, the Supreme People's Court, Ministry of Public Security and Ministry of Justice jointly issued "The notice of developing pilot job on Community Correction", the job has moved gradually towards the whole country, and the "double subject" mode has gotten into the trying-out and breaking-in stage. It means that the judicial administrative organs become the implementing subject of Community Correction gradually, and the public security organs switch to the co-ordinating role. It should be said that Community Correction has been implemented up to the present for some time, both advantages and disadvantages of the two operating mechanism should be obvious, the comparative study on the implementing mode has gained some experience and practice foundation. In addition, the current academic opinions on the choice for the implementing mode appears multiple, at this point, based on the needs of crime prevention and human rights protection, combined with the pilot results of Community Correction, carding and analyzing the correlative opinions and the basis and demonstrating a reasonable foundation of the implementing mode is a very important theoretical and practical significance. In this paper, based on the subject, it trys to explore the foundation of implementing subject of Community Correction in our country and how to strengthen the implementing force and effect, with a view to do some work to the development of Community Correction in our country.In addition to the introduction and conclusion of this paper, the body is divided into four parts, more than 30, 000 words. Partâ… : The existing "double subject" structure of Community Correction in China and its characteristics. In this part, it gives an easy introduction of the exising supervising mode of Community Correction that the public security organs and judicial administrative organs are both the current subjects, pointing out that it is the different mandates of the law and the relevant ministries that give birth to the "double subject" mode, and result in a number of drawbacks in the process of the implementation of Community Correction.Partâ…¡: Analysis of the controversial assessment on the implementation of Community Correction. In addition to a general list of the reasons in the first part that laws and regulations make different provisions, this part focuses on the theoretical questions on the differences, as well as the more specific idea put forward. Based on this, the article makes both positive and negative analysis on the opinions of all parties.Partâ…¢: The subject that the implementing power of Community Correction ought to be vested to. This part first analyzes the factors should be taken into account in determining the ownership of the implementing power of Community Correction, and then raises the opinion of this article clearly - divides the construction of the implementing subject of China's Community Correction into two main steps, namely, the transition mode and eventual mode. It also points out that, during the transition phase, the public security organs are responsible for the criminal enforcement of Community Correction, and the grass-roots level of the judicial administrative organs are in charge of the correcting work; finally, a specialized agency in charge of Community Correction can be set up inside the judicial administrative organs, side by side with the Prison Department.Partâ…£: To achieve the positive interaction between the implementing power and correlative power. This part combines the implementing power of Community Correction with the power of public order and the judicial power, and comes to the conclusion that Community Correction is consistent with the purposes and tasks of criminal penalties, conducive to achieving the effectiveness of criminal penalties and the protection of human lights.