The Community Correction Law,which came into effect on July 1,2020,stipulates the determination and change of the place of implementation,providing legal support for the practical promotion of the place of execution in practice.However,problems,such as difficulty in determining and changing the implementation,still exists widely in practical work.Based on the actual participation of the correction work of Community Correction Center in K District,C City,H Province,combined with the cases encountered in practice,it can be found that in the process of determining the place of execution,it is often difficult to deliver the place of execution in different places because of the unclear legal provisions on the identification standard of residence and the different provisions in provincial documents.As the court does not pay attention to the verification results of the residence and the investigation and evaluation of the residence become a formality,it is difficult to determine the execution place that is conducive to correction.In addition,due to the influence of external factors,such as the high-quality construction of the correction team has not been achieved,the lack of procuratorial supervision of execution place,and the insufficient participation of social forces,there are difficulties in the determination of the execution place.In the process of the change of execution,there is no unified change review standard.Whether the change of the place of execution depends largely on the discretion of the staff,and external factors such as the lack of inspection and supervision of the change of execution and the lack of cooperation of the department.Based on the above problems,several countermeasures are proposed.First of all,the legal norms of determining and changing the place of execution should be improved.To determine the place of execution,the actual residence and can live for six months or more,and work convenience as reference factors to determine the most favorable place of execution;the investigation and evaluation process should be further refined and improved.For the change of execution,the place of execution should be defined;broaden the reasons for the change of execution;improve the custody mechanism in different places,and further stipulate the entrustment procedures and standards.Secondly,it is necessary to strengthen the construction of the correction team,strengthen the inspection and supervision,attract the participation of social forces,promote the connection and cooperation of relevant departments,and innovate the new mode of the correction work,so as to improve the determination and change of the working mechanism of the implementation place. |