Study On Community Correction System In China

Throughout human history of punishment, it is mainly turning to corporal punishment and the death penalty to imprisonment penalty, and then you receive non-custodial penalty now is the age of coexist with non-custodial penalty of imprisonment. The birth and development of community correction, has its own unique value and meaning:a is compatible with the concept of respect for and protection of human rights, especially the protection of the human rights of offenders. Will correction object limit in its life of open of community and not held in closed of prison within, community correction object in emotional Shang and psychological Shang on community has identity sense and belonging sense, community correction object General can continues to engaged in himself of work, community correction object of married right, and divorce right, and inherited right, and raised right, basic human rights are not because crime and caused is big of effect, are can in served of while both family. Second to better achieve the purpose of penalty execution rehabilitation and crime prevention. Compared to traditional imprisonment, community corrections can better achieve the purpose of the penalty -the prevention of crime and to avoid "prison personality ". Offenders and the society there is no isolation, can actually feel from relatives, friends, colleagues, care and attention, so that criminals will not have feelings of loneliness and despair, has been able to maintain and re-establish normal social relationships, likely to encourage offenders to correct bad habits, the purpose of a smooth return to society. Third, effectively saving legal costs. Community correction is will meet conditions of part criminals placed in community in the, while itself can greatly save imprisonment cost; on the through integration social resources on its for thought education and behavior constraints community correction of burden except by national financial unified supply zhiwai, also can widely mobilization, and absorption social aspects of resources participation which, this a system effective reduced has penalty implementation cost.Community correction system in China from trial to full swing, just ten short years, there are still many problems. Community correction legislation not perfect, no one national unified of community correction method, community correction of about provides scattered Yu People’s Republic of China criminal, and People’s Republic of China criminal, and highest method, four Department Board Joint issued of community correction implementation approach, and the province, and autonomous regions developed of community correction implementation rules, legal regulations among, not only so, different legislation subject by developed of legal regulations Zhijian also also exists with mutual conflict of place. Narrow scope of community corrections, community corrections, the application rate is not high, only to be sentenced to public surveillance, suspended, parole and temporary execution of criminals in accordance with law to implement community corrections, carried out by community corrections agencies, to some extent, narrow scope led directly to community corrections for low rates. Community corrections are too pervasive and a single, correct lack of professional, scientific and suitable. No matter what the correction causes of crime, whether adult or minor, whether surveillance, probation, parole and temporary execution outside prison, community corrections programmes are often stereotyped, did not reflect the differences. In addition, poor construction and community corrections agencies, community corrections institutional mechanisms are not perfect enough, community corrections supervision system, also has many other aspects such as the scope for further improvement.In summary China community correction practice of based Shang, reasonable reference abroad community correction legislation of experience, close combined China community correction actual need, has necessary developed one People’s Republic of China community correction method, this Department legal should at least including General, and community correction object, and community correction institutions, and community correction workers, and community correction work program, and community correction work content, and community correction work guarantees, content. Perfect operation of community correction system to solve specific problems encountered in the application of community correction, transformation of control punishment and deprivation of political rights penalty, setting up the Parole Board, improving community corrections evaluation system.Expanding the scope of application of community corrections to achieve diversification of the community correction form. One is to relax the standards applicable, extended objects, some minor and non-violent crime can be extend to non-custodial penalty. Second is to extend the application of community correction ratio national top-level design departments to carefully judge the present economic and social situation of science to assess the sustainability of community correction ratio. Changing China’s current status of China’s community corrections supervision forms a single, mature foreign practice for reference, combining the different characteristics of prisoners, set different correct solutions, achieve " corrected" and regulatory forms.Strengthen the construction of community corrections institutions, places and persons. In three levels, is a statutory body of community corrections, the second is the Assistant community corrections Agency, three is the professional community as volunteers. Combining practical needs of community correction, to establish police community corrections system. The coordination and improvement of community correction system, Justice Department and other departments to establish a regular communication mechanism from time, keep the workplace effectively connect and communicate, build a unified information platform of community correction, to achieve resource sharing.Community corrections is a special judicial activity, "absolute power leads to absolute corruption", where public right there that’s accepting supervision. Oversight mechanism should be at the Prosecutor’s Office of community corrections supervision, social supervision, supplemented by the system, including community corrections community corrections supervision supervision of law enforcement personnel, including oversight of community correction. Perfecting the supervision, to develop implementing rules of the people’s Procuratorates supervise, community corrections supervision "law" to follow, fully equipped with strong prosecution team of community corrections, community corrections prosecutorial powers, improve the mode of prosecution of community correction, strengthen supervision effectiveness.