Discussion On The Problems And Perfection In The Implementation Of Community Correction In China

Along with the advance of human civilization, the punishment systems invarious countries tend to be more scientific and reasonable and the criminalexecution styles enter into the lenient era. Since the beginning of communitycorrection pilot work in2003, the community correction system of China hasexperienced decades of time and gradually perfected during repeated testing inpractice and during the theoretical research development process, and a road suitablefor the reform and development of China’s punishment system is in gradualexploration. The “Amendment to the Criminal Law of the People’s Republic ofChina (Eighth Edition)”(hereinafter referred to as “Criminal Law Amendment(Eighth Edition) in2011officially confirmed the legal status of communitycorrection system, thus opening a new chapter of the establishment and improvementof China’s community correction system. In order to further implement the criminalpolicy of “combining punishment with leniency” and to implement and promote thecommunity correction work smoothly, the Supreme People’s Court, SupremePeople’s Procuratorate, Ministry of Public Security, and Ministry of Justice(hereinafter referred to as the “two supreme and two ministries”) jointly issued the“Measures for the Implementation of Community Correction” in February2012,which provides specific provisions of community correction on the basis of“Criminal Law Amendment (Eighth Edition). However, the existing laws andregulations still cannot meet the requirements of community correction in reality,and deficiencies still exist in such links as community correction application,community correction execution and community correction supervision; thus,perfection to relevant legislation is needed to ensure the implementation effects ofcommunity correction.This paper, on the basis of related theoretical studies on community correctionsystem and combined with the problems of community correction work in practicaloperation, expounds the present situation of the community correction system and itsdefects, and then puts forward some suggestions. Community correction is a means of punishment in which the prison is replaced by the community, so that thecommunity correction objects can accept education in the society. Under thebackground of the execution socialization, the austerity of criminal law, theexecution efficiency and other theories, community correction has become animportant content in the reform and development of punishment systems in eachcountry of the world. In China, from community correction pilot areas in sixprovinces and cities in2003to the nationwide implementation currently, fromnormative legal documents on community correction to the determination of its basiclegal status, rich experience in theory and practice has been accumulated, systems ofcommunity correction improve from zero to perfection, but related systems still cannot adapt to the complex work of community correction. Firstly, the range ofapplicable objects of community correction is small and the application rate is low.Secondly, there is no professional and scientific management system in theconstruction of community correction workers’ team. Thirdly, the funds managementsystem of community correction is lacked, the source of funds is single, and fundingof community correction has gap in different regions. Fourthly, affected by thetraditional doctrine of severe punishment, people have not much understanding ofthe community correction, so that they even reject it and refuse to cooperate with thecommunity correction work; also, the community construction in China is slow,combined with the weak infrastructure and lack of management, so that the adverseenvironment impacts the effect of the correction. Fifthly, the preliminary survey andevaluation system before community correction is not mature, the incentives tocommunity correction objects are abstract and have poor operability, and themanagement and supervision mechanism to community correction is not sound.According to the status quo and defects in the implementation of communitycorrection, the author puts forward suggestions from five aspects, which are theapplicable objects, the main body of execution, funds management, communityenvironment and execution program of community correction.