Studies On The Implementation Of Community Correction In China

Having arisen for quite a long time in the world scale, the system of communitycorrection in the contemporary sense has already been relatively perfected especially inwestern countries. Based on the advantages in avoiding abuses in jails, re-socializationof criminals and so on, this system has been laid more and more importance in modernsociety. In China, the system of community correction is still immature; in addition, theauthor herself is dealing with this very system practically. So it is greatly significant forresearching community correction in both comprehensively understanding it andguiding the routine work. Through the empirical analysis, comparison, analyzingstatistics and summarizing experiences, the author is attempting to research and analyzethis system as well as proposing her own opinions.The basic viewpoint of this thesis is that in view of the situation now available inChina, the promotion of community correction should be accomplished step by stepafter improving fundamental conditions instead of being anxious to enlarge the numbersof application. And the main train of thought is as follows: firstly, analyzing the basicconditions of widespread application of community correction; secondly, pointing outthe existing problems of community correction by comparing these conditions andcurrent situation in China; thirdly, estimating the harmful possibilities of urgentlyspreading community correction; finally, listing the author’s ideas about the measures ofimproving the conditions in view of the problems.Therefore, the thesis consists of four parts. Part one, to discuss basic conditionsthrough four aspects, including solid theory basis, favorable social basis, reasonablesystem construction and substantial legal base. Part two, according to the experiencefrom author’s practice, there are four main problems: a) Despite of the basic shapingtheory, the function of guiding practice has not yet been brought into play; b) Thedevelopment of social base starts to be effective but not enough; c) The construction of system still has space for improvement; d) The legal basis, grown from scratch, is stillfar away from actual necessity. Part three, the harmful possible results of urgentlyspreading community correction may appear in three aspects: law enforcement officerswould feel disorientated in front of problems due to lack of understanding and handlingtheory; the troubles caused by imperfections in the system would be more visible; thejustice in the system would be questioned. Part four, five opinions of how to improvethe conditions to expand the extensive application of community correction, such asenhancing the combination of theory and practice, promoting community construction,upholding investigation and research to establish the comparatively unified andreasonable standard and procedure of community correction of whole country,improving the assistance measures, supervision as well as lawmaking of communitycorrection.