Study On China's Community Correction System

Community correction is one of the newest executing punishment methods these years. By vigorously utilizing various social and integrating all useful social forces, the community will be responsible for specially supervising, educating and reforming those offenders. Meanwhile, it not only shows law authority but also accelerates the pace for offenders to return to society. It has a vital significance in helping the crime return society, avoiding the crime overlapping infection, disposing the executing resources reasonably, reducing the expenditure, and promoting the social order forming positive cycle. This system can trace back to western nations such as England and America. After many years' exploration and practice, they have already formed a set of scientific, reasonable and mature laws and regulations on community rectification.In July 2003, the Supreme People's Court, the Supreme People's Procuratorate, the Ministry of Public Security, and the Ministry of Justice jointly promulgated a notice on establishing community rectification experiment site, which symbolized the formal beginning of this work in our country. Introducing the system to our country has become one of current focal points of our legal system reform. However, because it is influenced by the thought of heavy sentence for a long time, the retaliation punishment has become deep-rooted in the public. Some social critics and experts have raised questions about the introduction of the system in the beginning ,simultaneously there also exist some difficulties and questions needed grappling with urgently. Therefore, it is necessary to do further study and discussion on its localization in our country.In addition to the introduction and conclusion, the rest of the article still consists of the following four parts:Part one has made a further study of the socialization of execution of punishment in the following basic angles: humanity, reality and theory. Part two: the actual state of Socialization of penalty execution in China. All in all, Socialization of penalty execution stays at a comparatively low level in China in spite of the various socialized penalties being practiced with certain effects. As to the actual situation of ultra-prison penalty, such non-imprisonment practices as imprisonment with a suspension of sentence, parole, custom and fine, which are stipulated by the law, are not highly applicable in practice, which makes efficient penalty and Socialization of penalty execution hard to be realized. What's more, there have emerged many problems with non-imprisonment penalty when it is performed in communities. Among them are the preference of imprisonment penalty over non-imprisonment penalty, lack of recognition of community rectification as a law-stipulated right for the criminal, low level of systemization of community rectification, imbalanced allocation of penalty resources and lack of specialized authorities and staff members, difficulty in employment for criminals under community rectification. As far as imprisonment penalty is concerned, there still exist many problems in this field in spite of the penalty experiments carried out in our prisons. They include unscientific layouts of prisons, the prison's separation from society, over-simple methods of reforming criminals.Part three has offered some suggestion of reforming and bettering application and execution systems.Part four has proposed to better the community punishment system in China.