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Beijing Law Review 2020
On the Nature of Community Correction
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Abstract:
The nature of community correction has been controversial in Chinese academic circles, but a series of official legal documents have always made it clear that community correction is the execution of punishment. Based on the research of normative analysis and comparative analysis, the author believes that China’s probation belongs to the execution of punishment, so it is not correct to change the nature of community correction to “criminal execution” on the basis that the probation does not belong to criminal punishment in the Community Correction Law. This modification reflects the incorrect and incomplete understanding of the criminal law, and avoids the punitive nature of community correction, and It is not in line with the practice of developed countries as well. Furthermore, It is against the original intention and mission of introducing community correction in China. Therefore, legislation should restore the nature of penalty execution of community correction.
| [1] | Cesare, B. (2014a). On Crime and Punishment (p. 11). Translated by Huang Feng, Beijing: Beijing University Press. |
| [2] | Cesare, B. (2014b). On Crime and Punishment (p. 36). Translated by Huang Feng, Beijing: Beijing University Press. |
| [3] | Chen, R. H., Huang, Y., & Chu, F. M. (2012). The Breakthrough and Limitation of the Reform of Legal Procedure—Review of the Revision of the Criminal Procedure Law in 2012 (p. 224). Beijing: China Legal Publishing House. |
| [4] | Cheng, Y. S. (2006). I, a New Theory on the Concept and Nature of Community Correction. Journal of Zhengzhou University (Philosophy and Social Science Edition), No. 4, 36. |
| [5] | Conference Affairs Group (2014). Summary of the 10th Anniversary “Review and Prospect” Seminar of Community Correction. Journal of Henan Judicial Police Vocational College, No. 4, 31. |
| [6] | Ellen, H. S., & Nancy, F. (2002a). Criminal Court Process (p. 550). Translated by Chen Weidong, Xu Meijun, Beijing: Renmin University Press. |
| [7] | Ellen, H. S., & Nancy, F. (2002b). Criminal Court Process (p. 551). Translated by Chen Weidong, Xu Meijun, Beijing: Renmin University Press. |
| [8] | Ellen, H. S., & Nancy, F. (2002c). Criminal Court Process (p. 553). Translated by Chen Weidong, Xu Meijun, Beijing: Renmin University Press. |
| [9] | Ellen, H. S., & Nancy, F. (2002d). Criminal Court Process (pp. 12-13). Translated by Chen Weidong, Xu Meijun, Beijing: Renmin University Press. |
| [10] | Ellen, H. S., & Nancy, F. (2002e). Criminal Court Process (pp. 548-552). Translated by Chen Weidong, Xu Meijun, Beijing: Renmin University Press. |
| [11] | Lian, C. L. (2016). The Nature of Community Correction and Its Contractual Regulation. Journal of Shandong Police College, No. 3, 106. |
| [12] | Liu, Q. (2007). On the Establishment of Punishment Mechanism in Community Correction Suitable for China’s National Conditions. Journal of Henan Judicial Police Vocational College, No. 3, 6. |
| [13] | Shi, B. N. (2009). Penalty Enforcement and Social Welfare: A Reflection on the Nature of Community Correction. Journal of East China University of Science and Technology (Social Science Edition), No. 1, 22. |
| [14] | Wu, Z. X. (2011a). Comparative Study on Community Correction (I) (p. 133). Beijing: China University of Political Science and Law Press. |
| [15] | Wu, Z. X. (2011b). Comparative Study on Community Correction (I) (pp. 2-3). Beijing: China University of Political Science and Law Press. |
| [16] | Xu, J. C. (2012). I, the Criminal Policy Significance of Community Correction: Also on the Limitations of Restorative Justice Approach. China Journal of Criminal Law, No. 3, 35. |
| [17] | Zhai, Z. D. (2013). The Rise of Community Punishment and the New Model of Community Correction—An International Perspective (p. 155). Beijing: China University of Political Science and Law Press. |
