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On the Procuratorate Supervision of Community Correction
Author: XingMengMeng
Tutor: ChenXiaoBiao
School: Southwest University of Political Science
Course: Legal
Keywords: Community Corrections inspection and supervision perfection idea renewal system innovation
CLC: D926.8
Type: Master's thesis
Year: 2011
Downloads: 227
Quote: 1
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Abstract
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As a kind of unimprisionment penal execution of method, the Community correction is a kind of open penal execution way with social forces to criminals for reform in the community environment , it belongs to the functions of the procuratorate which is a lawful supervision.The Community correction are directly related to the vital interests of litigants, it affects the judicial authority and the realization of the judicial justice, the community correction is conducive to ensuring human rights, expanding the education and the prevention punishment function.With the deepening of community correction, various problems which hindered the further development of community correction had been exposed. The procuratorate’s supervisory function is also faced with a lot of problems, such as to be insufficient and obscure on supervision, the limited method for supervision and so on, so that the improvement and innovation of the supervision system of community correction system for the procuratorate has important significance.Beside the preface, this paper is divided into four parts, including 20335 words in total :The first part is about the overviews of the function of the procuratorate of supervising on the community correction . Mainly from the five perspectives of the history, current situation, problems , basic theory characteristics and significance of community correction.The second part is about the content and methods of the procuratorate supervising on the community correction.The Community correction is the way of improving penal execution, accordingly, the procuratorate of the supervision work on the community correction shall be improved in the content and the methods as well.For example, for the judicial administrative organs has responsibility of specific implementation of corrective measures, that is, a community correction should be included in the scope of procuratorate’s supervision.The Community correction has three tasks: education ,supervision and management, the content is very extensive. The procuratorate’s supervision on the community correction should take regular inspection measures, combining randomly method of inspection.The third part is about the existing problems of supervision on the community correction which the procuratorate has been faced with. The procuratorate shall be find out the model for the supervision on the community correction according to the characteristics of the actual condition in China .The models of the community correction is five: the prosecutor’s office model, the special branch pattern office model, regular intervals model, full-time prosecutors model, part-time prosecutors model, these models have their own characteristics. Because of the supervision of the community correction is still in the stage of exploration, in this period there are a lot of difficulties, such as no legal basis, lagging of concepts, etc, these problems are severely restrict the development of the supervision workThe fourth part is the Suggestions. In order to construct a scientific system of the community correction and promote its healthy and sustainable development, we mainly discusses four aspects such as the idea renewal, legislation, innovation, the path of development in the end.
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CLC: > Political, legal > Legal > Chinese law > Justice system > Reeducation through labor system
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