The Study To The System Of Termination Of Community Correction

As a new system of execution of punishment,the system of Community Correction has been spread nationwide in China,since it was launched as a pilot object in 2003.Among system of Community Correction,the system of Termination of Community Correction has the most prominent nature of law enforcement,also as a significant link of the practical work of Community Correction.Besides,whether the Termination of Community Correction can be carried out accurately will directly influence judicial authority and the implementation effect of a non-custodial penalty.The system of Termination of Community Correction refers to the Termination of Community Correction due to the death of the Community offenders,the execution of the detention,and the sentence of imprisonment.The system of Termination of Community Correction is the complete system that runs around the Community Correction termination activities,including the entity conditions,procedure operation and legal supervision system.According to the scope of the system of Termination of Community Correction,it mainly includes regulation punishment,probation,parole and temporary execution outside prison staff,for different types of community correction offenders perform termination as different legal proceedings.As “Law of Community Correction” is still not published,it should be admitted that those relevant laws and regulations of Community Correction are imperfect,which includes that some specific operation rules are ambiguous,the localization of enforcement subject of Community Correction is not definite enough,and some rules of procedural operation and supervision of Termination of Community Correction are not specified,and which also lead to a series of related phenomena in practical work,such as the improper cause for cancellation,the ambiguous localization of legal responsibility subject,and even buck-passing situations between penal institutions,etc.As a crucial link of Community Correction,the system of Termination of Community Correction is consistent with the criminal execution system,which is also the required content of criminal laws and regulations,conforming to the value orientation of resolving plight of law enforcement.According to the scope of application of community correction,the object of the system of termination of Community Correction mainly consists of people under public surveillance,probation,parole,and serving the sentence outside prison temporarily.Different types of community correction offenders have different statutory circumstances.In the practical work of Termination of Community Correction,the Court,the Procuratorate,Public Security organ,administrative organization of Justice all play an important role with their respective functions.The scientific coordination mechanism and good connection and communication are favorable to the successful penalty execution,and improve penalty result.It is necessary to correctly master the connotation of the system of Community Correction and procedural operation,which is both beneficial to helping official staff working for Community Correction resolve practical problems in practical work,and also exerts a guiding influence on the code of conduct of Community Correction offenders,and then the risk of their committing the crime will be reduced,and finally the expected goal of helping them successfully return to society will be achieved.Therefore,on the basis of the current situation of Community Correction work in China,it is apparent that a deeper study on the system of Termination of Community Correction not only conforms to the need of development of theory of criminal law,but also accords with the urgent need of criminal execution work.