The Improvement Of My Country’s Minor Community Correction System

Since my country started community corrections pilot work in 2003,after nearly 20 years of development,community corrections for minors has achieved initial development,such as the Supreme People’s Court,the Supreme People’s Procuratorate,the Ministry of Public Security and the Ministry of Justice(hereinafter referred to as " The “Community Corrections Implementation Measures” promulgated by the “Two High Schools and Two Ministries” involved the provisions on community corrections for minors.The form stipulates special regulations for minors,and these practices are worthy of recognition.However,in the current practice of community corrections in my country,there is still a long way to go for the community corrections system for minors,because the formulation of any law is not accomplished overnight.Compared with the community corrections system for minors outside the territory,there is still There is room for continued improvement in legislation and enforcement.For example,the legal formulation of minor community corrections is too abstract,principled,and there are few correction projects and the problems are not strong.This article is mainly divided into four parts:The first part elaborates the relevant concepts of community correction and the basic theory of juvenile correction.According to the specific content of the Community Correction Law,the definition and nature of the system are put forward.The second part discusses the present situation and problems of community correction of minors in China.First of all,in the part of the current situation,from the legislative perspective of the community correction of the laws and regulations and judicial interpretation.This paper summarizes the pilot work in our country from the practical point of view,and leads out the outstanding problems in practice and causes thinking.Then,in the part of China’s juvenile community correction problems,it is divided into three aspects to analyze the problems.One is the problem of the system construction before the correction of minors,and it puts forward the problems of the extensive and scattered relevant laws for minors and the small scope of the application of juvenile community correction.The second is the issue of the correction period of adults.First of all,it puts forward the common problems generally believed by the academic circle,that is,the few correction projects and the lack of pertinence,as well as the inappropriateness of the specific correction work undertaken by the Justice Department,such as the heavy work task,insufficient staff,less funds and other factors.Then it puts forward that the participation of social forces in community correction is not sufficient and needs to be further expanded.Finally,it puts forward the problem of "difficult implementation" in the practice of mobile minors.Third,after the completion of the community correction of minors,it is pointed out that the protection of the rights and interests of minors is poor,and it is pointed out that some people do not agree with the correction of minors in the community,and there is prejudice against this system.The third part introduces the relevant practices of the United Kingdom,Japan,and the United States for their own minor community corrections,and then proposes the enlightenment to my country’s system,such as setting up special minor correction institutions,learning from the British and American settings The richer minor correction projects,and the upper age limit of Japan’s expansion of participation in community corrections for reference.In the fourth part,in response to the issues raised in the second part of this article,specific improvement measures were launched from the three major aspects of community corrections before,during and after the correction.First,in terms of the establishment of the pre-correction system for minors,the relevant laws for the protection of minors were proposed.And expand the scope of community corrections for minors;then,in terms of correction work during minors’ corrections,it is proposed to enrich the minor corrections projects in our country,improve the pertinence of corrections projects,and strengthen the team building of minors’ social forces.Finally,after the completion of minor community corrections,it was proposed to strengthen the protection of minors’ rights and increase the public’s recognition of the system.