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Research On The Improvement Of The Legal System Of Community Correction Under The View Of Marxist Theory

Posted on:2017-03-07Degree:MasterType:Thesis
Country:ChinaCandidate:X HongFull Text:PDF
GTID:2296330482480832Subject:Marxist Jurisprudence
Abstract/Summary:PDF Full Text Request
For thousands of years, the main form to punish the crime is imprisonment, which plays a great role in the development of human society. However, with the rise of the execution socialization, the defects of the imprisonment are increasingly apparent. From the world point of view, the depth and breadth of the execution socialization can be used as an important symbol of the advanced and civilized degree of a country. And community correction is an important benchmark of the execution socialization, which is of great significance in promoting the return of the crime, reducing the cost of execution of the country, promoting the virtuous circle of social order and so on. It is good for promoting the reform of criminal justice system in the world.In developed countries, community correction work started earlier, has now developed to a relatively mature stage, and has formed a set of scientific, rational, standardized system and relevant laws and regulations. The characteristics of community correction in the United Kingdom, the United States and Japan can promote the development of community correction in china. There are implications of community correction theory in Marxist Theory. The development of community correction work, also can find the relevant basis from the Marx doctrine, such as Marx punishment view and restraining punishment thought, Man’s comprehensive development thought and execution socialization theory, as well as Humanist thought and the thought of penalty.Nowadays, community correction, one of the penalty executions ways has gradually been paid great attention in our country. But the community correction system in China is still in the exploratory stage and the relevant legal system is not perfect and hinders the development of community correction work. Its provisions are still imperfect, such as:First, Law enforcement subject separate from work subject. Second, the provision of the community correction type is too small. Third, it is too narrow for the provisions of the applicable range of community correction. Fourth, there are no special provisions on the juvenile offenders’ community correction. Fifth, community correction supervision mechanism is imperfect. For the defects of the legal system of community correction in our country, there are some suggestions and solutions to improve it. First, the public security organ separates from the judicial authority. Second, increase the types of community corrections. Third, expand the application of community correction. Fourth, establish a sound system of community correction for juvenile offenders. Fifth, improve the supervision mechanism. The Marxist theory can solve the problems of community correction law in China. In order to achieve this target, it is necessary that the laws are observed and strictly enforced.Community correction as a means of implementation reflects the perpetrators of human rights and respect for human nature is a sign of progress of human civilization. Its execution system in line with international trends, adapt to the modern concept of punishment is reform of the penal system the inevitable result. By improving the method of this paper, will receive its strong vitality; promote the harmonious development of society as a strong driving force. The author believes that, by further elaboration, the community correction will be bound to cause the social wider attention. I hope that community correction will develop healthier.
Keywords/Search Tags:Marxist Theory, Community correction, Legal system, Supervision mechanism
PDF Full Text Request
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