A Research On Victims’ Participation In Community Correction

Community correction is a major issue for our country in the process of deepening thereform of the criminal system. The trial has aroused widespread concern in the community. Itplays an important role in ensuring the protection of human rights, rational allocation of thejudicial resources, helping criminals returning to society etc. Author researches completely inthe community correction’s origin, value and the significance of the participation of victims inthe community correction by comparison, analysis and conclusion. The article includes fiveparts as below:Part one, the summary of the basic theories of community correction. The author firstlyintroduces the origin of community correction. Community correction originated in theUnited States. Currently in Canada, Australia, Germany, New Zealand and other majordeveloped countries in the west, it has a mature development. Then the author defines thebasic elements in the concept of community correction one by one. The “community” refersto human groups and their activities area that has certain interaction and common culture.“Correction” originally was used as a medical term, and after was introduced into the field ofcriminal justice. And community correction refers to non-imprisonment means of penalty waywith the broad public participation. Finally, the author analyzes the value of communitycorrection. It matches the value of protecting human rights and the modesty concept ofpenalty. It contributes to the rational allocation of judicial resources. It can promote theoffender successfully re-socialization. And it can promote the standards of China’s criminallaw to conform the international criminal justice.Part two, the author mainly discusses the trial of community correction in China. Thework of community correction in China that officially began in2003,has been for ten years.Since ten years, the community correction work has made great progress, such as graduallyexpanding the scope of the trial, the constant improvement of the legislative work,diversification of correction way etc. But at the same time, with the in-depth development ofthe correction work, it also exposes some problems. For example, in parts of China, correctionwork tends to formalization, and the social identity of the people is low. On this basis, theauthor put forward the idea of absorption of the victims to participate in communitycorrection.The following two sections are the critical parts of this paper. The author firstly introduces the basic theory of victims to participate in community correction. Absorption ofvictims’ participation in the community correction, is based on the need for protection ofvictims’ rights and interests under the concept of restorative justice. It can contribute toimprove the supervision mechanism, strengthen the public agree to community correction,and the most important thing is to promote the offender successfully re-socialization. Then,the author analyzes the domestic and foreign actual situation of the victims’ participation inthe community correction. The laws of the United States, Canada, Britain, New Zealand andother countries have clearly defined the rights of victims. These countries’ protection of therights of the victims has been perfect. But in China, because there has long been the conceptof state-based crime and people-centered criminal justice system, coupled with the victims’own sense of participation is not high, leading to the victim in the community correction hasbeen in the status of the bystander.The last part, the author boldly puts forward the victims of China’s participation in thecommunity correction system, and describes the setting of the rights and specific measures.