Research On The Legal Supervision Of Community Corrections In China

Community correction is a kind of penalty relative with the imprisonment execution,reflects the world penalty system from strict to wide,gradually evolution trend of light punishment,is the embodiment of socialization of penalty execution.The concept of community correction in our country started a pilot from 2003,to 2005 to expand the pilot,2009 full trial,again to 2011<criminal law amendment(eight)>of the community correction system to be established,in 2012,the new<criminal procedural law>on the applicable law of community correction to four types of criminals to make specific provisions,has gone through 10 years of history.The procuratorial organ as the special legal supervision organs duties entrusted by the Constitution and laws of our country,supervision of punishment execution is one of its functions,the penalty execution supervision is one of its functions,therefore,the borrowing from abroad,rooted in the rule of law transplantation of community correction in our country also must be incorporated into the procuratorial organs of the law Legal supervision field of vision.Compared to the continental law system,Anglo American law system in Hong Kong and Taiwan and other countries and regions,Chinese community correction system is still at the exploratory stage,the procuratorial organ is the legal supervision of the work of the late start,to carry out the work of facing difficulties.In this context,based on civil law,countries of Anglo American law system and community correction legal supervision status of Hong Kong and Taiwan etc.and the legal supervision of Chinese community correction practice,explore the current situation of the legal supervision of community corrections and problems for the legal supervision of community corrections in accordance with law,effective,innovative research and development to provide solutions for the direction.In the first part,the author of Chinese community correction,community correction legal supervision of the meaning,characteristics and legal significance of the legal supervision of community corrections are summarized;the second part,the author through empirical analysis of the status of legislation and practice of Chinese legal supervision of community corrections,the community correction of our country legal supervision legal supervision the concept of lag and lack of legal basis for the legal supervision and supervision mode,simple rigid dynamics is insufficient,lack of protection of basic factors and institutional settings is not perfect and other obstacles;third part,according to the existing legislation in the second part,summarize the analysis of the problem,from the promotion of community correction is carried out according to the law,enhance the effectiveness of supervision,should be put forward to provide a basis for carrying out supervision legislation thought,establish penalty aspects of the implementation of the public hearing system of legislation perfection.The fourth part,the author applied according to the existing law enforcement community correction of our country legal supervision problems in two aspects respectively from the law enforcement mechanism and enforcement of security,established a perfect linkage mechanism and the various organs,the prosecutor handling the responsibility of supervision and supervision mechanism of synchronous tracking and crime prevention and punishment mechanism we should enhance the awareness of supervision,procuratorial staff,strengthening mechanism and guarantee construction and strengthen its supervision ability to strengthen and improve the legal supervision of community corrections to improve the enforcement measures,in order to strengthen Chinese community correction law supervision work to provide reference.