A Study On The Applicative Issues In Community Correction For Minor Crime In Our Country

Under the current social conditions, minor crime presents a more complicated situation, on the one hand the proportion of crime is increasing year by year, on the other hand the nature of the crime becomes more extensive. It has an important significance of the prevention and rehabilitation of minor crime for the social development and progress. This paper presents and analyzes the connotation, nature and significance of community correction, as well as the formation, development and current status of it, and then makes an analysis and discussion on the problems of the community correction work for China's minor crime, and provies a number of sound proposals to those problems. The full text is divided into three parts excluding the introduction and conclusion.The introduction outlines the current situation and causes of minor crime in China, and makes an analysis on the definition of minor crime, gives a brief introduction to the course of development of the community correction work at abroad, which proposes the topic for the full text about how to do a good job of community correction for minor crime in China.The first part provides an overview of the community correction. First and foremost, the connonation, nature and significance of community correction is analyzed systematically, which provide a basis for a correct understanding of community correction for us to enable us to lay greater emphasis on community correction in the prevention and transformation of minor crime, with the author's point of view of these propositions put forward systematically. First, it is the issue about the connonation of community correction. The writer believes that community correction is a kind of execution of punishment of the national specialized agencies to educate and reform specific offenders based on legal instruments in force. Firstly, community correction is a kind of execution of punishment with a unique feature, namely, not to isolate the offender from the society, which can not conceal its connonation for the execution of punishment, or else, the criminals will not achieve effective rehabilitation in spite of enjoying the humanitarian of penalties, and also the community correction can not play a preventive role of penalty either; then, the target of community correction should be specific, and we should ensure a strict application of it based on the subjective and objective performance of the offender, giving effective education and reformation to the offender without indulging those offenders who should be subject to severe punishment; again, the implementation subject of community correction work of is specific. As an execution of punishment, its executor should be in line with certain conditions, and get the authorization by the state before they can carry out the implementation; finally, the basis of community correction is specific, that is, the legal instruments in force formulated by the national judiciary. Second, it is about the nature community correction. The author believes that the community correction in our country should be clearly targeted at the execution of punishment, on one hand, it has stressed the seriousness of this system, on the other hand, it clarifies the direction of this system. Third, it is about the significance of the community correction, that the community correction is more conducive to the education and reform of offenders, reducing cross-infection and execution costs, reflecting the requirements of the humanization of punishment.In the next place, the formation and development of the community correction are introduced. The modern community correction was formed in the early 20th century with a rapid development in 1960s and 1970s, but the course of development of community correction has also been ups and downs, which had been subjected to questioned. After having experienced ups and downs in the U.S. and the UK, community correction has been widely adopted today and further improved. China's community correction work began lately in 2003 and the Supreme People's Court, the Supreme People's Procuratorate, Public Security Ministry of Justice formally opened a prelude to the work of community correction by publishing the Notice on carrying out the experimental work of community correction, but the community correction work has a rapid development in China, with a fruitful results. But the community correction for minor crime in our country has made slow progress, without any requirements on the community correction work to minor crime in national laws and regulations, and there is only a small amount of exploration within a certain range carried out in all regions.The second part analyzes the usable condition of Chinese minorcommunity correction. First of all, it introduces the status quo of the application of minorcommunity correction in China; then, there is an analysis on the problems of minorcommunity correction in China. First, there isn't enough attention paid to community correction, without any targeted theory on community correction to juvenile offenders in the course of carrying out the work of community correction, so the theory on community correction for minor criminals is lagged behind by the correction practice in China; Second, the community correction projects for minor crime are too single, lacking of justness and comprehensiveness which are the basis for the success of the corrective work, and simple preaching can not achieve the correction of minor crime; Third, community correction applied to the minor accounts for a lower proportion, and there isn't sufficient attention given to it in China at this stage, which leads very few community correction in their application to minor crime in practice, and the majority of minor offenders are still being sentenced to a custodial sentence; Fourth, it is short of specific and clear enforcement agencies and professional executives of community correction, and the community correction work of minor crime is dependent on the capacity and quality of correctional personnel to a large extent. The community correction work can not progress very much if the correctional personnel still observe the past violent way to treat minor crime, and it may cause counter-productive results.The third part presents the suggestions of the author for the completion of China's minor crimecommunity correction. First, to improve the organization structure of the minor crimecommunity correction, and the author proposes the establishment of an independent community correction agency, with independent enforcement power of penalty; Second, to train and absorb professional minor crimecommunity correction stuff, aiming at the special psychological state of the minors, it is required to absorb a wide range of psychological, legal, social work, professional talent to join the ranks of community correction, with their sense of responsibility, sense of mission improved to provide human security for the minor crimecommunity correction; Third, to improve the legislation on minor crimecommunity correction, and stipulate an investigation system applicable to community correction of minor crime, improve the elimination of criminal record of minor crime, formulate ways for penalty of community correction in the Penal Code, and provide a unified executive body of the community correction sentence; Fourth, to set up effective measures of minorcrimecommunity correction. The writer recommends a variety of measures of community correction to educate and transform the minor crime, which will be interrelated in a system, provide correction targeted for individual perpetrators. It should be paid attention to the real humanity of the implementation of the penalty, the distictions between individuals and respect for the individuals. It has a great significance to educate and reform the minor crime for the whole society, and community correction is a mode with a significant effect, so to make good use of community correction, will plays a role in prevention of minor crime and reduce the recrime rate in minor, which makes minor to better integrate into society, and become useful to the society.