The Research On Identity Orientation And Law Enforcement Power Allocation Of Staff In Community Correction Institutions

As the law enforcement subject of community correction,the staff of community correction institutions have no clear provisions on their identity positioning and the allocation of law enforcement power.As a criminal execution activity,community correction must comply with the trend of criminal integration and implement the determination of its subject identity and law enforcement power as soon as possible,which is also the guiding significance brought by the theoretical basis behind it.At present,there are great problems in the identity positioning and law enforcement power allocation of the staff of community correction institutions in China:first,the identity positioning of the staff of community correction institutions is not clear;Second,there are great disputes about the identity orientation of the staff of community correction institutions,mainly focusing on the two aspects of community correction officers and community correction police;Third,the allocation of community correction law enforcement power is unreasonable,including unclear types and scope of law enforcement power,lack of compulsion and independence of law enforcement power.Looking at the construction of community correction law enforcement teams under the three different law enforcement modes of the United States,the United Kingdom and Japan,we can see that foreign countries have set up special community correction institutions,stipulated that community correction law enforcers are national civil servants with law enforcement power,unified identity names,such as probation officers,parole officers and protection observers,set a high access threshold,and built a perfect career security system for them,To ensure the stability and professionalism of community correction law enforcement team.Based on this,by combining the mature experience of foreign countries and the current situation of community correction work in China,this paper clarifies and improves the identity positioning and law enforcement power allocation of community correction staff in China from four aspects,and puts forward countermeasures.First,the identity of the staff of community correction institutions should be clearly defined as national civil servants with law enforcement power.They are special community correction law enforcers,and they are uniformly called community correction officers,but not all of them have the identity of police;Second,building the system of community correctional officers.On the basis of determining the identity of community correctional officers of the staff of community correctional institutions,we need to speed up the legislative process,formulate special community correctional officer laws,clarify the connotation and responsibilities of community correctional officers,improve the entry threshold of community correctional officers,and build a scientific vocational training and vocational security system;Third,improve the relevant legislation of community correction police,clarify the connotation and responsibilities of community correction police,recruitment and access system,reasonably allocate a certain number of community correction police,and construct the right protection and supervision mechanism of community correction police;Fourth,in terms of the allocation of law enforcement power,we should strengthen the operation mechanism of the law enforcement subject of community correction institutions,improve the relevant contents of community correction law enforcement power,especially strengthen the compulsion of community correction law enforcement power,so as to improve its seriousness as law enforcement activities.