The Application Of The Theory Of Community Correction System In China

Community correction is a kind of put the criminal in community punishment, subjects of penalty enforcement activities, in the70s in Europe and the United States was set up in the first place.As a kind of non-confinement penalty system, it compared with the prison execution has low input costs, correct the advantages of good effect and high criminals socialization.Punishment as the world’s humanitarian thought trend and execution, community correction more and more get the attention of the countries all over the world, was widely adopted by many countries. Our country in2003through the implementation of community correction pilot work notice, first carried out in parts of the community correction pilot work, has obtained the good social effect, then, in2009the national promotion.In2011, as the "criminal law amendment (eight), community correction was formally incorporated into the criminal law.Although the community correction in our country has made more than a decade of pilot work, relevant laws and regulations are also gradually establish, but on the whole, community correction system in our country is not yet mature, belongs to the fledgling stage, still need to be perfect in theory and practice to explore.This paper is divided into the following five parts:the first part, first of all, the paper expounds the basic concept of community correction, to clarify the concept of community and correct, and then combined with the concept of community correction of different theories, mainly from the mainland scholars and official gives the concept of definition in our country.The second part of our community correction system, explores the basic theory of theory of multiple interactions promoted the development of community correction work in our country, there are mainly the criminal policy of tempering justice with mercy, humanitarian punishment theory, labeling theory, the principle of the socialization theory and penal economization.In the third section briefly about community correction system to our country existing legislation had a rough comb, mainly from the criminal law amendment (eight), the new criminal procedural law "and" measures for the implementation of community correction of three legal documents in the understanding of the rules of the community correction.The fourth part put forward China’s community correction system existing problem, have legislation on the problem, also have problems in the practical work, to be solved.The fifth part, aiming at the problem of the fourth part proposed targeted Suggestions to solve, not only have to be perfect from the legislation, to develop the professional community correction law, make a clear division of functions and powers of legal supervision system, establish the linkage of the cooperation mechanism, from all the aspects of human, financial and establishment and corresponding mechanism of community correctionAnd at the same time, strengthen social propaganda, enlarge the social basis of community correction, in order to better play to the positive role of community correction in the penalty.