The 11th meeting of the Standing Committee of the 13th National People's Congress reviewed the "Community Correction Law of the People's Republic of China (Draft)". The "Community Correction Law of the People's Republic of China (Draft)" is now announced on China People's Congress website . The public can log in to China People's Congress website () to make opinions directly, or send them to the Legal Affairs Committee of the Standing Committee of the National People's Congress (No. 1 Qianmen West Street, Xicheng District, Beijing, zip code: 100805. Please indicate the Community Correction Law on draft for soliciting opinions). Deadline for soliciting comments: August 3, 2019. comment period: July 5 to August 3, 2019 .
Explanation on the "Handle Law of the People's Republic of China (Draft)"
Community correction is an important system to improve the execution of punishment and promote the modernization of the national governance system and governance capabilities. The pilot program of community correction in my country began in 2003, and in 2009, was piloted nationwide in . Over the past 16 years, a total of 4.31 million community correction subjects have been received nationwide, a total of 3.61 million people have been lifted, and currently 700,000 registered community correction subjects have been approved. The per capita execution cost of community correction is only 1/10 of that of prison , and the re-offending rate of community correction subjects during community correction is only 0?2%. Community correction work has played a positive role in maintaining social harmony and stability, and promoting the construction of a safe and legal China. my country's Criminal Law and Criminal Procedure Law stipulate basic issues such as the scope of application and enforcement agencies of community correction. As a criminal execution activity, community correction is an execution-level issue urgently needs to be stipulated in special laws.
The formulation of the Community Correction Law has been included in the legislative work plan of the Standing Committee of the National People's Congress and the State Council. In February 2013, the Ministry of Justice submitted the "Community Correction Law of the People's Republic of China (Draft for Review)" to the State Council. The former Legislative Affairs Office of the State Council, in conjunction with relevant units, established a coordination group for community correction legislation and a special review work team, held coordination meetings many times, organized special legislative research, held expert discussion meetings, concentrated research and revision, and solicited opinions from the public. In order to implement the decisions and arrangements of the CPC Central Committee and the State Council, the Ministry of Justice drafted and formed the "Community Correction Law of the People's Republic of China (Draft)" (hereinafter referred to as the draft) on this basis. The draft has been approved by the State Council. The explanation is as follows:
1. The overall idea of legislation
1. Pay attention to the relationship between establishing the basic legal system for community correction and leaving room for future development and innovation. Since community correction has not been carried out for a long time in my country, the draft has made principled and basic provisions on the establishment of community correction institutions, supervision and management, and educational assistance methods, leaving room for the future development of the community correction system.
The second is to pay attention to handling the relationship between the community correction law and the basic criminal law. The draft only makes connection provisions for the substantive content that should be stipulated by the Criminal Law and the Criminal Procedure Law, including the provisions that the four types of persons who should be subject to the execution of for temporary out of prison, the conditions for commutation of sentences, revocation of probation, and revocation of parole, etc.
The third is to adhere to problem-oriented approach and focus on solving prominent problems in community correction work. Community correction is an organic unity of supervision and management of community correction subjects and education assistance. The draft has made corresponding institutional designs to address the problem of insufficient participation of social forces in community correction reflected in practice. At the same time, the draft will refine the coordination procedures of relevant agencies in community correction as much as possible to enhance operability.
2. The main content of the draft
has a total of six chapters and fifty-five articles, and the main contents are as follows:
(I) clarifies the scope of application. Strictly consistent with the scope of application of community corrections in the Criminal Law and the Criminal Procedure Law. The draft stipulates that this Law (Article 2) shall apply to the supervision, management, education and assistance activities implemented by criminals sentenced to control, probation, parole, or temporary release from prison.
(II) clarifies the management system and working mechanism of community correction work.In accordance with the requirements of unified leadership of the Party Committee and the government, organization and implementation of the judicial administrative department, close cooperation of relevant departments, and extensive participation of social forces in community correction, the draft stipulates that the judicial administrative department is in charge of community correction work. The people's courts, people's procuratorates, public security organs and other relevant departments shall divide the responsibilities, cooperate with each other, and restrict each other in accordance with their respective responsibilities, and carry out community correction work in accordance with the law (Article 4). The guardians, guarantors, family members of the residents' committee, villagers' committee, and the community correction subjects, and the unit or school they are studying shall assist the community correction agency in doing a good job in community correction (Article 7).
(III) clarifies community correction institutions and community correction staff. The draft stipulates that community correction institutions are the executive organs of community corrections stipulated in the Criminal Procedure Law and are set up by local people's governments at or above the county level as needed. The establishment and revocation of community correction institutions shall be put forward by the judicial administrative departments of local people's governments at or above the county level and approved in accordance with the prescribed authority and procedures (Article 5). In order to promote the construction of a high-quality community correction work team, the draft stipulates that community correction institutions should be equipped with specialized state staff with professional knowledge such as law to perform their law enforcement responsibilities such as supervision and management (Article 6, Paragraph 1).
(IV) clarifies the procedures for implementing community correction. In order to enhance the operability of the law, the draft refined the procedural rules of community correction, especially the content of coordination between various departments: First, the place of community correction execution is the place of residence of the community correction subject (Article 16); Second, the investigation and evaluation procedures before community correction (Article 17); Third, the procedures for handling relevant legal documents and reporting and acceptance of community correction subjects (Article 18 to 20); Fourth, the procedures for the implementation of community correction agencies to assess and reward and punishment for community correction subjects in accordance with the law, and the procedures for coordination and cooperation when requesting commutation of sentences, revocation of probation, revocation of parole, and imprisonment execution of community correction subjects (Article 22 to 28); Fifth, relevant provisions are made on the procedures for lifting community correction and termination of community correction subjects (Article 29 to 31).
(V) clarifies supervision and management measures. The draft stipulates that during the community correction period, community correction subjects shall abide by the supervision and management regulations of the judicial administrative department of the State Council on reporting, visiting, going out, relocation, medical parole, etc., as well as the People's Court prohibition order (Article 33). If the community correction subject is out of supervision, the community correction agency shall immediately organize the search, and the public security organs and other relevant units and personnel shall cooperate and assist (Article 38). If a community correction agency finds that a community correction subject is committing an act that violates supervision and management regulations or violates the prohibition order of the people's court, it shall immediately stop it; if the stop is invalid, it shall immediately notify the public security organs to be on site for disposal (Article 39).
(VI) clarifies educational assistance measures. The draft stipulates that local people's governments at or above the county level and their relevant departments shall provide necessary places and conditions for the correction subjects of education and assistance to the community, and organize and mobilize social forces to participate in education and assistance work (Article 41). It stipulates the main work of different subjects in the education and assistance of community correction subjects, and provides a legal basis for social forces to participate in community correction work (Articles 42 to 47). It is clear that the subjects of community correction can apply for social assistance, participate in social insurance, and obtain legal aid in accordance with relevant national regulations, and the community correction agency shall provide necessary assistance (Article 49).
In addition, in order to strengthen the protection of the rights and interests of minors, combine the characteristics of minors, and promote their smooth return to society, the draft has made special chapters on community corrections for minors (Chapter 5).
Community Correction Law of the People's Republic of China (Draft)
Chapter 1 General Provisions
Article 1 This Law is formulated in order to ensure and standardize community correction work, correctly execute sentences, improve the quality of education and transformation, promote the smooth integration of community correction subjects into society, and prevent and reduce crimes.
Article 2 This Law applies to the supervision, management, education and assistance activities implemented by community correction subjects.
The community correction object referred to in this Law refers to a criminal sentenced to control, probation, parole, or temporary execution outside prison.
Article 3 Community correction work adheres to the principle of combining supervision and management with education and assistance, combining specialized agencies with social forces, and paying equal attention to social public safety and safeguarding the legitimate rights and interests of community correction subjects.
Article 4 The judicial administrative department of the State Council is in charge of community corrections across the country. The judicial administrative department of local people's governments at or above the county level is in charge of community correction work within their administrative regions.
People's Courts, People's Procuratorates, public security organs and other relevant departments shall divide responsibilities, cooperate with each other, and restrict each other in accordance with their respective responsibilities, and carry out community correction work in accordance with the law. The People's Procuratorate shall implement legal supervision of community correction work in accordance with the law.
Local people's governments above townships may establish community correction committees to organize, coordinate and guide community correction work within their administrative regions.
Article 5 Community correction institutions are the executive organs of community corrections stipulated in the Criminal Procedure Law, and are set up by local people's governments at or above the county level as needed. The establishment and revocation of community correction institutions shall be put forward by the judicial administrative departments of local people's governments at or above the county level and approved in accordance with the prescribed authority and procedures.
Judicial Office undertakes community correction related work based on the entrustment of the community correction agency.
Article 6 Community correction institutions shall be equipped with specialized state staff with legal and other professional knowledge (hereinafter referred to as community correction institutions staff) to perform law enforcement duties such as supervision and management.
Staff of community correction institutions carry out community correction activities in accordance with the law and are protected by law.
Community correction agency staff should strictly abide by the Constitution and laws, be loyal to their duties, enforce the law impartially, strictly abide by discipline, and be honest and honest.
Article 7 Residents’ committees and villagers’ committees shall assist community correction institutions in doing a good job in community correction in accordance with the law.
The guardian, guarantor, family member of the community correction subject, and the unit or school they are studying should assist the community correction agency in doing a good job in community correction.
Article 8 Social workers and volunteers assist in the community correction work under the organization of community correction institutions.
Article 9 The state encourages enterprises, institutions, social organizations and other social forces to participate in community correction work.
Article 10 Community correction subjects shall abide by laws, regulations and the relevant supervision and management regulations of the judicial administrative department of the State Council, and obey the management and education of community correction institutions.
The personal rights, property rights and other rights that have not been deprived or restricted in accordance with the law by the community correction subject shall not be violated. If a community correction subject believes that his legitimate rights and interests have been infringed, he has the right to file a complaint, accusation and report.
Article 11 Community correction institutions shall implement classified management and separate education based on the gender, age, type of crime, crime circumstances, remorse manifestations of the community correction subjects, and carry out targeted correction work.
Article 12 The state supports the construction of community correction information, uses information technology to strengthen supervision, management and education assistance for community correction subjects, realize the interconnection and sharing of community correction information among relevant departments, and improve the level of community correction work.
Article 13 Organizations and individuals who have made outstanding contributions to community correction work shall be commended and rewarded in accordance with relevant national regulations.
Article 14 If the staff of community correction institutions and other state staff commit illegal and disciplinary violations such as dereliction of duty, favoritism, fraud, and abuse of power in community correction work, they shall be punished according to law; if the crime constitutes a crime, they shall be held criminally liable in accordance with law.
Article 15 People's governments at all levels shall include community correction funds in the government budget at the same level.
The funds required by the residents' committee and the villagers' committee to assist community correction institutions in carrying out their work in accordance with the law are listed from the community correction funds.
Chapter 2 Implementation Procedure
Article 16 The place of community correction execution is the place of residence of the community correction subject.
Community correction decision authority shall verify the residence of the community correction subject.If the residence of the community correction subject cannot be determined or the residence is not suitable for community correction, the community correction decision authority shall determine the implementation location of the community correction subject based on the principle that it is conducive to the community correction subject to receive correction and better integration into society.
The community correction decision agency referred to in this Law refers to the people's courts that sentence criminals to be controlled, probated, parole, and temporary execution of criminals in accordance with the law, and the prison management agency and public security organs that approve criminals to be temporarily out of prison in accordance with the law.
Article 17 The community correction decision authority may entrust a community correction agency to investigate and evaluate the social dangers of the defendant or criminal and its impact on the community where they live. Residents’ committees, villagers’ committees and other organizations shall provide necessary assistance.
Article 18 The community correction decision authority shall notify the community correction agency in the place of execution within 3 days from the date of the judgment, ruling or decision taking effect, and deliver the relevant legal documents within 10 days, and copy them to the People's Procuratorate and the public security organ in the place of community correction execution. If the community correction decision place and the execution place are not in the same place, it shall be copied to the People's Procuratorate of the community correction decision place and the execution place at the same time.
Article 19 Community correction subjects who are sentenced to control, probation, or parole by the people's court shall report to the community correction agency in the place of execution within 10 days from the date of the judgment and ruling take effect.
The community correction subject who is temporarily decisive and subject to execution by the people's court shall be transferred to the community correction agency within 10 days from the date of receipt of the decision.
The community correction subjects approved by the prison management agency or the public security agency for temporary execution shall be transferred to the community correction agency within 10 days from the date of receipt of the approval decision.
Article 20 When a community correction agency accepts a community correction subject, it shall check the legal documents, verify the identity, handle the acceptance registration, establish files, and announce the criminal facts of the community correction subject, the deadline for the execution of the community correction subject, and the regulations that should be followed within a certain scope.
Article 21 Community correction institutions shall determine the correction team for the community correction subjects and be responsible for implementing the corresponding community correction measures.
As needed, the correction team can be composed of personnel from the judicial office, residents' committee or villagers' committee, guardians, guarantors, family members of the community correction subject, personnel from the unit or school where they are located, social workers, volunteers, etc. If the community correction subject is female, there should be female members in the correction group.
Article 22 Community correction institutions shall conduct assessment and reward and punishment on the community correction subjects in accordance with relevant regulations based on the performance of the community correction subjects. Those who plead guilty and repent, abide by laws and regulations, obey supervision and management, and have outstanding education performance, should be praised. If a community correction subject violates laws and regulations or supervision and management regulations, he shall give a warning, a warning or a warning in accordance with the law, or request the relevant authorities to impose public security management penalties, revoke probation, revoke parole, and entrustment and execution of temporary imprisonment if the person is temporarily out of prison.
's assessment results for community correction subjects can be used as an important basis for determining whether they have indeed shown repentance or whether they have serious violations of supervision and management regulations.
Article 23 If the subject of community correction meets the conditions for commutation of sentence stipulated in the Criminal Law, the community correction agency shall submit a commutation proposal to the interpersonal court of the place where the community correction is executed, and copy the commutation proposal to the People's Procuratorate at the same level.
The people's court shall make a ruling within 30 days after receiving the recommendation for commutation of sentence from the community correction agency, and deliver the ruling to the community correction agency, and copy it to the People's Procuratorate and the public security organs at the same time.
Article 24 If the subject of community correction has the circumstances for revoking probation or parole as stipulated in the Criminal Law, the community correction agency shall submit a suggestion for revoking probation or parole to the people's court that made the original probation, parole judgment or ruling, and copy the proposal to the People's Procuratorate at the same level.
Article 25 If the community correction subject who is requested to revoke probation or parole is in one of the following circumstances, the community correction agency may request the people's court to decide to detain him first while submitting the proposal to revoke probation or parole:
(I) It is possible to commit a new crime;
(II) It is in real danger of endangering national security, public security or social order;
(III) It is possible to retaliate against the victim, whistleblower, accuser or staff of the community correction agency;
(IV) It is attempted to commit suicide or escape.
People's Court shall make a detention decision within 48 hours and notify the public security organs to implement it. The period of detention shall not exceed 30 days.
Article 26 The people's court shall make a ruling within 30 days after receiving the community correction agency's proposal to revoke the probation and parole, and deliver the ruling to the community correction agency and the public security organs, and copy it to the People's Procuratorate at the same time.
If the people's court ruled to revoke the probation or parole, the public security organs shall promptly send the community correction subject to the prison or detention center. If the community correction subject is detained in advance, one day of detention will be deducted from one day of sentence.
If the people's court ruled that the probation or parole would not be revoked, and the community correction subject was detained in advance, the public security organ shall release him immediately.
Article 27 If the community correction subject who is temporarily subject to prison is subject to custody and shall be subject to custody as stipulated in the Criminal Procedure Law, the community correction agency shall submit a recommendation to the community correction decision authority for custody and copy the proposal to the People's Procuratorate.
Community correction decision agencies shall make a decision within 15 days after receiving the recommendation from the community correction agency, deliver the decision to the community correction agency and the public security agency, and copy it to the People's Procuratorate.
If the people's court decides to entrust the community correction subjects temporarily out of prison and the public security organ decides to entrust the community correction subjects temporarily out of prison, the public security organ shall immediately send the community correction subjects to the prison or detention center for entrustment for execution.
If the prison administration decides to entrust the community correction subjects temporarily out of prison, the prison shall immediately entrust the community correction subjects to be entrust the community correction subjects.
Article 28 If the community correction subject who is ruled to revoke the probation, parole and is decided to be imprisoned, he shall be hunted down by the public security organs and the community correction agencies, relevant units and individuals shall provide assistance.
Article 29 If the correction period of the community correction subject expires, the community correction agency shall publicly announce the lifting of the community correction in accordance with the law, issue a certificate of lifting the community correction to the community correction subject, and notify the community correction decision agency, the People's Procuratorate, and the public security organ in writing.
Article 30 If a community correction subject is imprisoned for execution, he is sentenced to prison for committing a new crime or found that there were other crimes before the verdict was declared, or if the community correction subject dies, the community correction shall be terminated.
Article 31 If the subject of community correction dies during the community correction period, its guardian, guarantor, and family members shall promptly report to the community correction agency. Community correction agencies shall promptly notify the community correction decision-making agency, the People's Procuratorate, and the public security organs in writing.
Article 32 If the People's Procuratorate finds that community correction work violates the law, it shall put forward corrective opinions in accordance with the law. Relevant units shall reply to the People's Procuratorate in writing the situation of adopting the corrective opinions. If there is no adoption, the reasons shall be explained.
Chapter 3 Supervision and Management
Article 33 The subjects of community correction shall comply with the supervision and management regulations of the judicial administrative department of the State Council on reporting, visiting customers, going out, relocation, medical parole, etc., as well as the prohibition order of the people's court during the community correction period.
Article 34 Community correction institutions shall formulate correction plans for community correction subjects and implement dynamic management based on the performance of community correction subjects.
Article 35 The community correction subject shall leave the city, county where he lives or relocate, and shall report to the community correction agency for approval; if it is necessary to change the community correction execution place, the community correction agency shall make a decision after consulting the opinions of the community correction agency in the new implementation place.
If the community correction agency decides to change the execution location, it shall copy the legal documents such as the change execution location to the community correction decision agency, the People's Procuratorate, the public security organ and the community correction agency in the new execution location; the community correction agency in the new execution location shall copy the relevant legal documents to the local people's court, the People's Procuratorate and the public security organ.
Article 36 Community correction institutions may understand and verify the activities and behavioral performance of community correction subjects through on-site visits, communications and information verification, and collect relevant materials. Relevant units and individuals shall cooperate.
Article 37 Community correction institutions may use electronic positioning and other information technology means in accordance with the law as needed to grasp and restrict the scope of activities of community correction subjects and strengthen supervision and management. The specific measures shall be stipulated by the judicial administrative department of the State Council.
Article 38 If the community correction subject is out of supervision, the community correction agency shall immediately organize the search, and the public security organs and other relevant units and personnel shall cooperate and assist.
After searching, if the whereabouts of the community correction subject are unknown, or if his whereabouts can be found but refuse to accept supervision and management, the community correction agency shall, depending on the circumstances, request the relevant authorities to impose public security management penalties, revoke probation, revoke parole, or entrustment and execution of temporary out-of-jail execution.
Article 39 If a community correction agency finds that the community correction subject is committing an act that violates supervision and management regulations or violates the prohibition order of the people's court, it shall immediately stop it; if the stop is invalid, it shall immediately notify the public security organs to be present for disposal.
Article 40 If a community correction subject is decided in accordance with the law to be administratively detained, judicial detention, compulsory isolation and drug rehabilitation, etc., or to be taken for suspected crimes or other crimes that have not been sentenced before the verdict is declared, the relevant authorities shall promptly notify the community correction agency.
Chapter 4 Educational Assistance
Article 41 Local people's governments at or above the county level and their relevant departments shall provide necessary places and conditions for the correction subjects of education and assistance communities, and organize and mobilize social forces to participate in education and assistance work.
Article 42 Community correction institutions shall provide ideological education on the rule of law, morality, situation and policies of the community correction subjects to enhance their concepts of the rule of law, moral quality and awareness of remorse.
Community correction institutions should fully consider the actual situation of the crime type, individual characteristics, daily performance of the community correction subjects, implement targeted education to improve the quality of educational correction.
Article 43 Community correction institutions may coordinate with relevant departments and units to provide skills training and employment guidance for community correction subjects with employment difficulties.
Article 44 Residents’ committees and villagers’ committees may guide volunteers and community members to educate community correction subjects in various forms, and use community resources to provide necessary assistance to community correction subjects with special difficulties.
Article 45 The guardian, guarantor, family member of the community correction subject, the unit or school he or she is studying, and relevant social organizations shall assist the community correction agency in providing ideological education for the community correction subject.
Article 46 Community correction institutions may publicly purchase community correction social work services to provide necessary assistance to community correction subjects in ideological education, psychological correction, and professional skills.
Article 47 The state encourages enterprises and institutions to provide employment positions and skills training for community correction subjects. Enterprises that recruit qualified community correction targets and enjoy national preferential policies in accordance with regulations.
Article 48 Community correction institutions may organize the community correction subjects to participate in public welfare activities such as community services to repair social relations and cultivate a sense of social responsibility based on the physical condition and personal strengths of the community correction subjects.
Article 49: Community correction subjects may apply for social assistance, participate in social insurance, and obtain legal aid in accordance with relevant national regulations. Community correction institutions shall provide necessary assistance.
Chapter 5 Special provisions on community correction for minors
Article 50 Community correction institutions shall take targeted correction measures based on the age, psychological characteristics and development needs of minor community correction subjects.
Community correction institutions determine the correction team for minor community correction subjects, and should absorb people familiar with the growth characteristics of minors to participate.
Article 51 Community correction institutions shall urge the guardians of minor community correction subjects to fulfill their guardianship responsibilities and assume obligations such as support and discipline.
Article 52 Community correction institutions shall protect the identity information of minor community correction subjects. The declarations stipulated in Articles 20 and 29 of this Law shall not be carried out publicly.
Unless it is necessary for judicial organs to handle cases or the relevant units to inquire according to national regulations, the files of minor community correction subjects shall not be provided to any unit or individual. Units that conduct inquiries in accordance with the law shall keep the community corrections of minors confidential.
Article 53 For minor community correction subjects who have not completed compulsory education, the community correction agency shall coordinate with the education department to provide conditions for them to complete compulsory education and urge their legal guardians to fulfill their legal obligations to send them to receive and complete compulsory education.
Chapter 6 Appendix
Article 54 National security organs carry out community correction related work in accordance with the law, and the provisions of this Law regarding public security organs shall apply.
Article 55 This Law shall come into force on the month of year.
The 11th meeting of the Standing Committee of the 13th National People's Congress reviewed the "Community Correction Law of the People's Republic of China (Draft)". The "Community Correction Law of the People's Republic of China (Draft)" is now announced on the China People's Congress website. The public can directly log in to the China People's Congress website () to make opinions, or they can send opinions to the Legal Affairs Committee of the Standing Committee of the National People's Congress (No. 1, Qianmen West Street, Xicheng District, Beijing, zip code: 100805. Please indicate the draft Community Correction Law on soliciting opinions on the envelope). Deadline for soliciting comments: August 3, 2019.
Draft of the Community Correction Law was reviewed for the first time, and these issues became the focus of the review
Source: Shanghai Community Correction Management Bureau
The 11th meeting of the Standing Committee of the 13th National People's Congress recently reviewed the draft Community Correction Law in groups. The draft clarifies the scope of application of community correction, the management system and work mechanism of community correction work, community correction institutions and community correction staff, procedures for implementing community correction, supervision, management and education and assistance measures for community correction. In order to strengthen the protection of the rights and interests of minors, combine the characteristics of minors, and promote their smooth return to society, the draft has made special chapters on community corrections for minors.
Members of the Standing Committee of the National People's Congress generally believe that the draft is conducive to relevant departments to carry out community correction work in accordance with the law, strengthen supervision, management and education and assistance of community correction subjects, and promote their smooth return to society and maintain social harmony and stability. The participants also put forward opinions and suggestions on the draft.
Some members paid attention to the nature of
community correction institutions
★ Feng Jun, a member of , believes:
"The nature of the community correction agency must be clarified in the law." "The nature of the judicial organ of the prison institution is clarified in the law. When it comes to prison management, the nature of judicial execution is very clear. In the process of performing duties in accordance with the law, the prison infringes on the rights and interests of the parties, which causes state judicial compensation, not state administrative compensation. community correction agency's behavior in the process of performing its duties, its behavior is Whether the nature belongs to administrative or judicial should be clarified in this law. seems not clear enough from the relevant provisions. Some clauses regard community correction institutions as administrative institutions. For example, if the subject of community correction refuses to accept supervision and management, the community correction institutions should ask the relevant authorities to impose public security management punishment. This requires clarifying the nature of community correction. If it is a form of criminal judicial law enforcement, the Public Security Administration Punishment Law should not be applied. Therefore, it is recommended to clarify the definition of community correction, mainly by clarifying its definition of the nature of community correction, the nature of community correction institutions, and the identity of community correction specialists ".
★ member Bai Chunli believes:
" issues regarding the attributes of community correction and the nature of community correction legislation. The basic attribute of community correction is still a criminal law enforcement. Community correction is the same as imprisonment correction, and is essentially an execution activity of the criminal law. The fundamental purpose of community correction is to punish and transform criminals, prevent and reduce re-offending, and maintain social stability. is different from prisons' execution of imprisonment penalties. Community correction places criminals who meet the statutory conditions in society for supervision, management and education and transformation. This non-incarcerated penalties is a prominent feature of community correction. At the same time, community correction also has the nature of judicial administration, which is similar to the nature of prison administration. Community Correction Law should meet the nature requirements of its judicial administration. However, whether from the perspective of legal level, execution department or management object, the primary nature of community correction is still the execution of the criminal law ".
"Community Correction Law is a criminal execution law and is also a law at the same level as Prison Law. In theory, corrective punishment is divided into prison correction and community correction. Correction law corresponds to my country's legislation, namely Prison Law and Community Correction Law. Therefore, as a non-custodial punishment execution method corresponding to imprisonment correction, the legal status of the Community Correction Law as the Criminal Law and the Criminal Procedure Law should be clarified, and the dual nature of community correction criminal law enforcement and judicial administrative management should be reflected. should confirm and adjust the rights and obligations between the execution subject and the subject being sentenced, which is a law on the same level as the prison law.”
★ Wang Dongming, vice chairman of the Standing Committee of the National People's Congress, believes that the nature of the punishment for community correction is clearly stipulated in the draft.
traces the origin. The word community correction is an imported product. It is a concept formed by translating foreign literature. It is a non-incarcerated punishment execution activity corresponding to imprisonment correction. It can also be said to be an important symbol of lighter punishment, humanitarianization, and judicial civilization. At present, there are still some weak links in community correction law enforcement, among which the prominent is that some staff members of community correction institutions have poor law enforcement awareness and insufficient understanding of the punishment execution attributes of community correction work, which leads to a weakening of the awareness of law enforcement and risk prevention awareness and irregular law enforcement behavior. At the same time, there are many vague understandings in society. In essence, it is necessary to clarify that community correction is a kind of punishment execution activity. At present, the draft lacks certain provisions, but only provides regulations on the subjects of community correction. There is no provision on the nature of community correction. It is most likely to confuse people's basic understanding of community correction, equate community correction with social work such as placement and assistance, thereby weakening the seriousness and authority of community correction.
suggests adding a provision to the general provisions of the draft, "Community correction is a non-incarcerated punishment execution system for supervising, transforming and assisting criminals in the community in accordance with the law." This provision is made first, and then provisions are made for the subjects of community correction.
Multiple members noticed the title problem of
Community correction subjects
★ committee member Li Yuefeng believes that the
draft proposes to collectively refer to "counters sentenced to control, probation, parole or temporary release from prison" as "community correction subjects." "I think this title is not rigorous and scientific enough, and cannot accurately express the identities of these four types of criminals, which may cause conceptual confusion. ”
He suggested: All the titles of "community correction subjects" in the draft were modified to "community prisoners".
's use of the title of "community prisoners" is more consistent with the existing legal provisions. The four types of people who implement community correction are criminals who have been investigated, prosecuted, tried, sentenced, and sentenced in accordance with the law by judicial organs and were punished by criminals in accordance with the law. Article 269 of the Criminal Procedure Law has stipulated that these four types of criminals have been implemented. It should be a natural thing to call them "community prisoners". There is no need to avoid this essential title. Moreover, in recent years, normative documents such as the two high schools, the Ministry of Public Security and the Ministry of Justice signed by the Federation of the two high schools, the Ministry of Public Security and the Ministry of Justice have all used the title of "community prisoner". In judicial practice, they have been recognized and accepted by community correction staff, criminals, and the general public. They are highly recognized. Therefore, the title of "community prisoner" should be elevated to legal provisions, which can maintain the continuity, stability and credibility of legal terms.
★ member Xu Xianming believes that the current concept of community correction objects referred to in the draft
is a criminal. In fact, this title is a manifestation of the old concept of criminal law. When we call someone a criminal, we discriminate and despise him in our hearts. According to the United Nations' standards for expressing criminals, the person who executes the court's criminal judgment should be called "persons who are receiving punishment", or "infernalized". This is a description of an objective state, without discrimination, and a statement of respecting human rights. After the 18th National Congress of the Communist Party of China, we corrected a large number of unjust, false and wrong cases. Whether people are in prison or out of prison, they are not necessarily all criminals in the true sense. We call the person who was wrongly sentenced and wronged as "criminals". This is a secondary injury, but calling him a "inmate" only means his current state, so there is no second injury.
He suggested:
Don’t use the concept of “criminal”, but how do you change this sentence? For community correction subjects, the specific meaning of community correction should be expressed, and it is recommended to change it to "referring to prisoners who can be corrected in the community."
★ Cao Jianming, Vice Chairman of the Standing Committee of the National People's Congress, believes that the
draft will collectively refer to criminals sentenced to control, probation, parole, or temporary release from prison as "community correction subjects", which is not accurate enough to reflect the identity and nature of community correction of these four types of criminals.
He suggested that the title of "community correction subject" in the draft be modified to "community prisoner". is more consistent with the existing legal provisions because the title of "community inmate" is used. The current laws in our country stipulate that these four types of people who implement community correction are criminals who have been tried in accordance with the law and are punished by criminal law. Their punishments are severity, but although non-incarcerated criminal measures have been taken to implement community correction, they are essentially executing the sentence and serving their sentences. In addition, the documents on community correction signed by the two high schools and the two departments in recent years use the title of community prisoners, which is better for not only the society, the people, but also criminals to recognize them. The community prisoners are relatively neutral, and are actually conducive to supervision and management. Elevating this name to legal provisions can maintain the seriousness and stability of legal terms.
Representative: Granting community correction agencies the power to confine themselves
Article 25 of the Draft Community Correction Law stipulates that if there are one of four situations in community correction subjects who are requested to revoke probation and parole, the community correction agency may request the court to decide to detain them in advance while submitting a proposal to revoke probation and parole. The court shall make a detention decision within 48 hours and notify the public security organs to implement it. The period of detention shall not exceed 30 days.
These four situations include:
➤ The possibility of committing a new crime;
➤ There is a real danger that endangers national security, public security or social order;
➤ The possibility of retaliation against the victim, whistleblower, accuser or staff of a community correction agency;
➤ The attempt to commit suicide or escape.
★ When the draft was reviewed in groups on the 28th, Sun Chunwang, a member of the National People's Congress who attended the meeting, suggested that should be granted the community correction agency the power to confine.
He believes that Article 25 of stipulates that "the people's court shall make a detention decision within 48 hours and notify the public security organs to execute it." If a new crime is discovered, or an act that endangers national security, we have to wait 24 or 48 hours before the public security organs make a decision? Who will take care of this time? Who will deal with it? This question involves Article 25. What kind of administrative power should the correction agency have?
Sun Chunwang also talked about Article 22 of the draft, stipulates that if a community correction subject violates the legal provisions or supervision and management regulations, he shall be admonished, warned, or requested to the relevant authorities to impose public security management penalties depending on the circumstances. " I think the power given to the community correction agencies here is not enough. After the criminals violates the regulations in prison, they can be given warnings, demerits and confinement punishments. During the community correction process, the identity of the criminal has not changed, but the supervision venue, environment and measures have changed. In community correction, if we discover these violations of the law, the community correction agencies should be given the power to confinement. If the community correction agencies find that the correction personnel have the possibility of crime and are about to commit an offense, they should have the power to confinement. During the period of internment, the correction agencies should have the power to confinement. During the confinement process, they should report to the public security organs whether to detain, and then report to the people's court to revoke the community correction after detention, etc.."
Voice:
★ Member Wang Xiankui:
Strict legal procedures, and the procedures are the law. The key to increasing the number of community corrections is not the number, but whether the legal procedures are strict. must strictly implement the qualifications of the scope of correction and the subject of correction, strictly control the entrance to community correction, and resolutely avoid cases similar to those of the Sun Xiaoguo case in Yunnan. The draft suggests that the community decision correction procedures and the procedures for the correction decision agency to send legal documents to the community correction agency, and should add a sentence "Listen to the community's opinions" before sending the legal documents. The community has an evaluation and preparation for this person. This will be a little better. The correction subjects are registered and reported in the community, or written reports are added, or they are called registration. Registration is reflected in text, and oral reports have no text basis, so the law still needs evidence.
Other issues of consideration and concern
Draft Article 47 stipulates that the state encourages enterprises and institutions to provide employment units and skills training for community correction subjects. Enterprises that recruit qualified community correction targets and enjoy national preferential policies in accordance with regulations.
★ While affirming this clause, Member Yu Zhigang proposed that the provision should be added to impose certain restrictions on the employment of the corrected subjects. He said: "Community correction institutions should have the right to allow employment or review or agree to employment for the employment units of the correction target. At present, in other countries, including some provinces, cities and regions such as Shanghai, for offenders who commit specific crimes, such as sexual crimes, they are prohibited from engaging in specific occupations, and they are prohibited from finding employment in primary and secondary schools, education and training institutions, and nursing institutions. On the one hand, they are encouraged to provide employment positions for them, focusing on returning to the family, returning to society, and supporting themselves. On the other hand, they should prevent the dangers brought to society under non-incarceration punishment and set necessary preventive measures."
★ Some members also proposed that the draft Community Correction Law lacks the provisions on the "legal responsibility" chapter, and it is recommended to improve it. Member Han Xiaowu said: "In the future, in the implementation of the law, if the legal implementation department and relevant staff have problems of not fulfilling their legal responsibilities, what is the basis for handling? This part is now lacking. In terms of the integrity of the law, the legal responsibility part should be listed in a special chapter. In addition, this is also a need to enhance the operability of this law."
Source: According to the community correction publicity network
Beijing News and China Radio and Television Information Comprehensive Organization
