Community Correction In Our Country Legislation And Practice Problems Difficulties

Origin of community correction is the middle of the19th century Britain and the UnitedStates and other countries, accord with the requirement of the anamnesis of severepunishment, humanity, is the European and American developed countries generallyimplement a non-confinement penalty execution system. It will conform to the conditions ofcommunity correction of the criminal put in open community environment, correct criminalpsychology and behavior habits, greatly save the judicial resources, reduce the crime rate.Compared with the western developed countries, the community correction in China startedlate. From2003in several provinces began to pilot, expand the scope of the pilot project in2005, and in2009the country full implementation. In2011our community corrections willbe formally incorporated into the penal code in2012, the amendment of the criminal law ofapplicable object, execution of community correction mechanism is provided, the legal basisof the community correction system. Community correction in our country is developingrapidly, but the overall level is still low, a larger problem, this issue, a more in-depth analysisof the legislative difficulties of community correction in China, and puts forward somecountermeasures for the legislation of community correction in China; analysis of theproblems in practice and the countermeasures were put forward.Besides preface and epilogue, this article is divided into four parts:Part1，overview of community correction. First explains the community correction abroadand China on the definition of community correction, and then introduces the communitycorrection punitive, non imprisonment, community participation in the basic characteristic,and then introduces the theoretical basis of community correction, such as the penalty ofrestraining thought and humanism of criminal punishment, punishment socialization theory,deepening reversion theory, finally, discusses the necessity of community correction, willhelp improve the quality of correcting criminals, helps to reduce the execution cost, savingexecution resources, in line with the world trend of penalty development;Part2， community correction legislation predicament and countermeasures. Firstintroduced the development situation of China’s community correction, and then explains theplight of community correction legislation, introduced China’s community correctionlegislation progress and difficulties faced, and finally put forward the fundamental countermeasures, formulate a unified community correction law, expand the scope ofcommunity correction;Part3，the main problem the practice of community correction. China’s communitycorrection practice problems are mainly poor, corrections, management way, backward;community correction work team and working mechanism is not perfect, for example,community correction is weak and lack of professionalism, pre-trial social investigation hassome problems; community security system is not perfect, complete with subsistenceallowances, medical assistance and other security system has not kept up, financial difficulties;social dilemmas of community correction, in community development is not mature enough,to meet the needs of the development of community correction, community people fear,discrimination of inmates in the community, recognition is not high;Part4， according to the practice of community correction problems puts forwardcountermeasures. Perfect community correction contents and management system; perfectcommunity correction work team and working mechanism, strengthen the rectification teamconstruction, establish multi-sectoral joint working mechanism, establish a scientificperformance appraisal system; to strengthen the construction of community correctionmechanism, the central and local governments jointly increase funding support, broaden thesources of funds; to strengthen the construction of social environment of communitycorrection, put forward to accelerate the construction of community, provide a good socialenvironment for the community correction, weakening the crime label, to guide residents tochange ideas.