The Basic Theory And Operation Prospect Of Community Correction

Community correction belongs to the non-custodial correction method,which is opposite to the imprisoned correction method.It is an important change of the penalty enforcement system under the background of community construction.Penalty enforcement system for the purpose of preventing and reducing crime.Since 2002,China has begun to explore community correction work,and has carried out pilot work in various places.After more than ten years of development,different community correction operation models have been formed in various places.Based on the legal nature and theoretical basis of community correction,this article analyzes several typical community correction models in China,finds the advantages and disadvantages of each model,and proposes a "three modules" community correction operation model that is in line with China’s national conditions.It also sorted out the dilemma faced by the construction of the "three modules" operation mode,and put forward suggestions for constructing the "three modules" operation mode.The first chapter of this article discusses the legal nature and theoretical sources of community corrections,with the purpose of clarifying the legal positioning of community corrections as a kind of punishment enforcement activities,and focuses on five theories,namely,retribution theory,purpose theory,Label theory,deepening regression theory,and risk society theory.These five theories provide theoretical support for the construction of subsequent "three modules" community correction operation models.The main content of the second chapter is to select four leading social correction models: risk management,education correction,social participation and supervision model,and analyze the four community correction operation modes.The main advantages and problems of each region were extracted,and on this basis,the idea of constructing an operating mode integrating risk assessment,project correction,and response assessment was proposed.Among them,risk assessment is a pre-procedure whose function is to quantify the personal risk of the subject through investigation and evaluation to determine the degree of personal risk.Project correction is the core,and its function is to classify according to the degree of personal risk of the object to be corrected,and to provide corresponding corrective measures to reduce or eliminate the object’s personal risk.The function of response evaluation is to observe the response degree of the existing correction measures to the correction object and evaluate the existing correction measures.The purpose is to periodically review the changes in the personal risk of the correction object and adjust the correction items in time.It plays a supporting role in the "three modules" community correction operation mode.The main content of Chapters 3 and 4 is to sort out the dilemmas faced by the construction of the "three modules" operation mode,and make a detailed analysis of the dilemmas faced by each module.In the risk assessment module,it is concluded that there are three dilemmas in China’s risk assessment: insufficient legal basis,incompetent personnel,and single assessment method;Analyze the dilemma of community correction institutions and team building in the project correction module;In the response evaluation module,the disadvantages of insufficient types of correction projects and lack of response evaluation mechanism are put forward.And make reasonable suggestions on these issues in Chapter 4.