Community Corrections Research Based On The Criminal Judicial Policies Of Combining Leniency With Severity

Community correction is an execution style relative to prison correction, which represents the trend and tendency among the development of penalty in the universe. However, legislatively, the criminal policies lean to adopt the doctrine of severe penalty for a long time in our country. As a newly sprouted thing, there also exist a lot of problems and predicament needed grappling with urgently. Therefore, it is necessary to make an intensive research of relative theory and practical application. It should be pointed out that community correction has attracted quite attention depend to a great extent on establishment and formation of the criminal judicial policies of combining leniency with severity in china. The work detailed in this thesis focuses on finding a clear solution from the perspective of combining leniency with severity, with the full consideration of Chinese circumstance. As a pilot study, we has introduced the relation of community correction and the criminal judicial policies of combining leniency with severity, and paid special attention to the importance of studying community correction from the perspective of combining leniency with severity from a variety of angles of Law, Logic. Sociology, and so on. In combination with theoretical research and practical application at home and abroad, the author tries to put forward a settlement of community corrections in China.This paper is mainly divided into four chapters.Chapter 1:An overview. This chapter is mainly about the introduction to the backgrounds, concept and the significance of the studies on the community corrections system and the criminal judicial policies of combining leniency with severity, which are in accordance both theoretically and practically. As the implementation of the criminal judicial policies of combining leniency with severity in the stage of punishment of execution, the development of community correction should be put in the frame of the criminal judicial policies of combining leniency with severity, which also provides a guide and a motive.Chapter 2:Practices and experience in foreign countries. By applying an integral analysis method, this chapter deals with the legislation, the implementing subjects, the types and content of the implementation, public participation mode and risk assessment of community corrections overseas, which enhances understanding the advantage and disadvantage of community corrections system in foreign countries.Chapter 3:The community correction system in China. Firstly, this chapter analyzes the advantage of community correction and the drawback of our current executing penalty system, and demonstrates the positive significance of community correction on reducing the cost of executing penalty, promoting judicial reform, maintaining social harmony and stability, and building social progress and civilization. The following part is the exploration of the experimental work of the community corrections system and several representative pilot programs in china. With the aid of vast amount of data and documents, the author tries to make an intense study on the problems and drawback of the community correction system in China, from a view of both social environment and legal system.Chapter 4:Constructing the community correction system in China. This chapter sums up the results and discussion of the whole paper, it attempts to set up the community corrections system in our country from the perspective of legitimacy, rationality and justifiability in the wave of the judicial reform leading by the criminal judicial policies of combining leniency with severity. Finally, the author tries to put forward some practical proposals for structural problems limiting the development of the community corrections system on the legal level, institutional level and social level.