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Discussion of Community Correction Legislation

Author: XieMing
Tutor: WuYunFeng
School: East China University of Political Science
Course: Legal
Keywords: Punishment Execution Community Corrections Legislation
CLC: D926.8
Type: Master's thesis
Year: 2011
Downloads: 181
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Abstract


The appearance and the development of community correction represent the mainstream of the reform of the present international criminal execution system. In some of the developed countries, there are more inmates in communities than those in prisons. Community correction has been the main way of the execution of punishment. Now China is in the important period of reform and development and community correction is becoming an important step of the punishment reform. Those who are not need to be, not suitable for or not need to continue to being prisons will be fully corrected by the social forces, so that they will return and integrate to the society well. Therefore, community correction will be a significant contribution to the implement of criminal policy, to the improvement of the punishment policy with Chinese characteristics, to reduce the cost of the execution of punishment and improve its efficiency as well as to maintain the social stability.It is about a decade since the community correction has been carried out in China, and some pilot areas has done a lot as well as earned experiences in the organization, team building and management of community correction. However, as to the national level, the legislation of community correction is almost blank. For most pilot areas, they carry out community correction according to the notice about experimental work of community correction in the pilot areas that is jointly issued by Supreme People’s Court, Supreme People’s Procuratorate, Ministry of Public Security and the Ministry of Justice. Sometimes, it runs counter to the law in practice. So it is quite necessary and urgent to legislate a Community Correction Art that contains the useful experiences from pilot areas and the amendment of the conflicts between laws and the practice, thus keeping the community correction a health and long-term development.From the aspect of the legal system of community correction in foreign counties, this paper analyses their theories and practices of community correction. Combining with the study of legal culture, traditions, the current legal system and conditions in China and sorting out the problems of community correction need to be solved in legislation; especially those are generally reflected in pilot areas, for example, the problem of“double subjects”, of organization management, of team building and of management form, this paper makes specific legislative proposal according to the legislative model and legislative body of community correction art in China.Here are the structures. Chapter one introduces the definition, features, categories of community correction and the theoretical basis and history of the development of community correction in domestic and foreign. Chapter two analyses the exploration of community correction and some problem in pilot areas in China. The paper believes the current experimental work of community correction faces obstacles; the prominent problem is a lack of a national Community Correction Art which is a necessary. Chapter three is mainly about the content of the national Community Correction Art. The paper believes the Community Correction Art should focus on community correction workers, the organization system and management form of community correction to solve the problems we faced in our current community correction.All in all, it has been a long time for China to carry out community correction and there are mature theoretical and practical basis in domestic and foreign, so China is in a suitable situation of legislative time and condition for a national Community Correction Art. After all, community correction is one of the important executions of punishment and a significant part of criminal legal system in China. Therefore, improving community correction legal system not only relies on a Community Correction Art, but also on the revision and improvement of other criminal laws, such as the revision of the Criminal Law and the Criminal Procedure Law. Meanwhile, we have to notice that the legislation of community correction is bound to make a significant influence and impact on the current concept of punishment, criminal law system and the distribution pattern of judicial power. In that case, we need to take its difficulty, complexity and progress into consideration.

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CLC: > Political, legal > Legal > Chinese law > Justice system > Reeducation through labor system
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