2009-06-09 Reflections on Community Correction at the Grass-roots Level Doing a good job in community correction is conducive to strengthening and perfecting the socialist legal system, implementing the Party's policy of reforming criminals, improving the quality of educational reform, consolidating the Party's ruling foundation, maintaining long-term social stability, and is an important measure to promote the construction of a harmonious society. Recently, the author conducted a special investigation with the leaders of the district judicial bureau on the preliminary pilot work of community correction in this district and the work after it was fully rolled out this year. I visited 25 township (town) judicial offices, 13 police stations and related courts in my area, and deeply felt that community correction is a complex social project. Based on the practice of community correction in Youxian District, I would like to talk about some superficial understandings: 1. Status quo According to the spirit of the document of Mianyang Municipal Committee for Comprehensive Management of Social Security and Mianyang Municipal Community Correction Leading Group Office (Mianzong Office [2009] No.3), 25 township judicial offices in Youxian District carried out community correction work in an all-round way this year, and the Youxian District Community Correction Office immediately conducted a special study and held a special meeting on community correction work, led by the District Judicial Bureau. Organize district courts, procuratorates, public security and judicial organs to study community correction work, and reach an agreement on the procedures, methods and related problems that may be encountered in the handover of community correction work. From mid-April to early May, the heads of the four departments took the police station as an area and went to 25 towns and villages such as Liu Jia, Yu He, Weicheng and Xiao Jian to hand over the community correction work on the spot. At the time of handover, according to the number of people cleared, 1 14 correction objects should be handed over, and 34 people were actually accepted, and 1 person was intervened in advance, and 35 people were accepted this time. Previous pilot units in our district have received 15 students. At present, the whole region has received 50 correction objects. Nowadays, the community correction work in Youxian District is being actively, steadily, solidly and orderly promoted in an all-round way. Second, the existing problems: through the grasp of the overall situation of the rectification work, the investigation of the rectification work of the judicial office, and the visit to the rectification objects, it is found that there are many difficulties and problems in the current community rectification work: (1) The law enforcement basis is insufficient. At present, China has clearly stipulated in Articles 157, 158 and 159 of the Criminal Procedure Law: "Control the sentenced person; Be suspended; Being temporarily executed outside prison; Be sentenced to parole; The "five haves" who were deprived of political rights and served their sentences in society were handed over to the public security organs for supervision. " In the current laws, no matter in the Basic Law or other laws, there is no word that the judicial administrative department is responsible for "community correction". Although the Supreme People's Court, the Supreme People's Procuratorate, the Ministry of Public Security and the Ministry of Justice jointly issued the Notice on the Opinions on Developing Community Correction, this authoritative normative document is not binding on the object of community correction, which leads to the failure to implement some regulatory activities, thus affecting the normal development of community correction. Therefore, if there are no complete laws and regulations as the basis in the implementation of community correction work, it is not conducive to the smooth development of this work. (B) The quality of managers is uneven. Judicial assistants in judicial offices are the main body of community correction work, but there are still some problems in practice: First, they lack practical experience. Most judicial assistants have not been exposed to penalty execution, lack practical experience in managing correction objects, and need an adaptation period to engage in correction management; Second, the quality of judicial assistants is uneven. It is difficult to achieve the expected training effect through short-term training; Third, there is a lack of specialized institutions and teams. According to the requirements of community correction work, it is necessary to set up a special community correction institution, and it is necessary to have specialized staff or even multiple correction personnel to manage a correction object. However, at present, the establishment and personnel of the judicial office are difficult to meet the needs of community correction work. (3) The connection mechanism is not perfect. Because there is a gap in the current law on community correction, the words that the community correction work is supervised and reformed by the judicial administrative department are not reflected in the court judgment, so the connection system between the legal, procuratorial, public and corporate departments is far from perfect in the actual operation process. First, the judicial organs, public security organs and prison organs did not arrive in time in the process of transferring legal documents, resulting in legal documents without error correction objects, unclear error correction period, no basis for implementing error correction or unclear content; Second, the connection system of relevant functional departments is not perfect. According to the requirements of community correction work, the corrected object should report on time, but these connection management systems are not perfect, and the coordination between departments is not timely or there is mutual shirking, which leads to the phenomenon that the corrected object is out of control or out of control. (4) There is a serious shortage of special funds. Due to the practical difficulties of district finance, the special funds for community correction work are rarely included in the financial budget, which is difficult to meet the daily needs of correction work, thus restricting the normal development of correction work to some extent. (5) insufficient publicity. As a new thing, community correction is unfamiliar to the masses, who are more or less worried and uneasy about the criminals serving their sentences in prison being transferred to their eyes. This is the deep psychological factor that community correction is difficult to obtain the full cooperation of community residents. At the same time, in terms of external functions, it is not strong from top to bottom and has not attracted attention. At present, all we know and see are internal publications, and the propaganda content of community correction work is rarely seen in TV and newspapers, which has caused the situation that society does not understand and support, thus greatly hindering the effective development of community correction work. Three. Countermeasures: The community correction work has been widely carried out in the world, and the community correction work with China characteristics is groping forward in exploration. How to solve various contradictions and conflicts between tradition and practical work, do a good job in community correction, and make the work advance steadily and orderly? In view of the above problems, the following suggestions are put forward for the next step of community correction: First, accelerate the legislation of community correction. It is the history of legal protection of community correction that gives community correction workers an arduous and glorious task. However, as correction workers, if there are no complete laws and regulations to follow in actual operation, the effectiveness of correction work will be greatly reduced. Only when the state legislates as soon as possible and has a legal basis can we clearly correct the law enforcement basis of the staff, so that there are laws to follow and administration according to law. Therefore, the state should formulate community correction law as soon as possible, further clarify the qualification of judicial administrative organs as the subject of penalty execution, and give them the power to execute non-custodial penalties. Only in this way can we truly prevent and reduce crimes, maintain social stability and achieve long-term stability of the country. Second, strengthening the construction of the correction team is the fundamental guarantee for doing a good job in community correction. Community correction workers should play the dual roles of "community service providers" and "community police" in the correction work. In order to make the correction work effective, we must build a high-quality community correction team: First, we should organize correction managers to participate in various business trainings on a regular basis. Strengthen the study and training of professional knowledge such as penalty execution and management, criminology, sociology, psychology, etc., and improve their professional quality. At the same time, it is necessary to strengthen the training of the ability to make, transmit, retrieve and file legal documents; Second, regular assessment of business management personnel. Through the establishment of the assessment mechanism, clear responsibilities, enhance the sense of responsibility of managers, and incorporate them into the annual target assessment, commend and reward those who have outstanding work achievements, criticize and educate those who are not active in their work, and severely deal with those who have poor performance; The third is "Go out, please come in". In the management business, we should go out and learn from our brother units, hire outstanding people in community correction management as guidance, improve the comprehensive quality of managers and do a good job in community correction; The fourth is to build a professional social volunteer correction team. Widely absorb social people who meet the requirements of community correction volunteers to participate in community correction work, such as selecting experienced personnel in community correction work: police officers in prisons and reeducation-through-labor camps, and legal workers who are proficient in law to participate in community correction work; The judicial administrative department employs retired cadres, psychological counselors, college student volunteers, members of community neighborhood committees, college teachers, students, close relatives of correction objects and their unit personnel to join community correction organizations, cultivate and bring up a high-quality community correction volunteer work team, give full play to their professional advantages, and make outstanding achievements in community correction work. Third, improving the working mechanism of departments is an effective way to create a new situation in rectification work. Community correction is a complex systematic project, involving many departments and must be carried out under the unified leadership of the party Committee and the government. People's courts, people's procuratorates, public security organs, judicial administrative organs, personnel and financial departments should earnestly perform their respective duties according to law, and cooperate and support each other, especially in all aspects of work, to ensure the smooth and orderly development of community correction work. The first is to establish a joint meeting system. First of all, it is clear that the joint meeting will be led by the District Comprehensive Management Office to organize members of the community correction work leading group to participate, and a joint meeting will be held every quarter. The meeting will inform the development of community correction work in this quarter, exchange their respective work, study and solve the problems existing in the work and improve the work measures; The second is to improve the system of departmental convergence. In the convergence work, public security organs, procuratorial organs, political and legal organs, departments and relevant member units should perform their duties, coordinate and support each other. The establishment of the convergence system can ensure that the rectification propaganda, legal documents and rights enjoyed by the rectification object are in place in time; Regularly check the number of calibration objects to prevent disconnection, and there is no phenomenon of tube detachment and tube leakage; Joint acceptance, commutation and early correction of four influential correction objects; In the linkage of departments, we can also give full play to the advantages of our own departments. For each correction object, a "four-in-one" correction worker team composed of judges, prosecutors, public security police and judicial police is determined. The court should, according to the requirements of comprehensively carrying out community correction work, first, indicate the eligible objects in the criminal judgment into community correction; Second, after the judgment, sign a community correction agreement with the community correction object in time, and notify the judicial personnel of the township (street) where the correction object is located; The third is to strengthen the investigation of the probation period of the correction object; The fourth is to strengthen the management of changing the execution mode, re-committing crimes, and changing the sentence and reducing the sentence of the corrected object. Procuratorial organs should strengthen supervision before and after the acceptance of community correction objects, and conduct regular visits to prevent the correction objects from leaking. Public security organs should strengthen cooperation with the judicial office, carry out daily assessment, mainly help to find out the work of out-of-control or missing control personnel, and announce legal penalties for violations. After the formation of this integrated linkage mechanism, it will lay a solid foundation for the development of correction work and the management and supervision of correction personnel. Fourth, providing a strong guarantee mechanism is the basic condition for doing a good job in community correction. At present, community correction is a brand-new special work in China. How to make this new thing develop in the conflict between tradition and reality, and do this work well, requires party committees and governments at all levels to fully understand the importance and necessity of carrying out community correction, put this work on the important agenda of maintaining social stability, and strengthen leadership politically, ideologically and organizationally. First, the funds are in place. Judging from the existing system, at present, the central government allocates a certain amount of funds to prisons according to the head of criminals, but there is no explicit provision from the central government to the local government on how to provide funds for community correction work. The only normative document clearly stipulates that "the funds needed for community correction work should be included in the local financial budget". How to include them? There are no specific financial regulations, and some places give a little money symbolically according to the local financial situation, which is not enough for compiling materials, let alone organizing correction objects to carry out related activities. Therefore, according to the prison budget, the central government should comprehensively analyze the funds needed for community correction work, introduce compulsory measures according to local conditions, or directly incorporate the central government into the national budget and allocate funds for correction institutions. As long as there are stable and special financial funds, the community correction work can be carried out in a solid, orderly and effective manner; Second, the personnel are in place. At present, except for a few directors who are judicial administrators, most of the grassroots judicial offices are township staff, and some even belong to township employees. Therefore, the staff of the judicial office often move, and it is difficult to effectively ensure the continuity and stability of its work. In addition, the judicial office itself has nine working functions, and we should pay attention to the work of township (street) centers and Baocun. Especially due to the aggravation of post-disaster reconstruction tasks and the increase of letters and visits cases and complex contradictions and disputes in recent years, some difficult contradictions and disputes have been handed over to the judicial office by township and street leaders. The task of the judicial office itself is already very heavy, which will inevitably involve a lot of energy and manpower. Nowadays, the education and management of correctional personnel will be increased. If the system is not changed, the strength will not be strengthened. Therefore, it is necessary for the relevant person in charge of the judicial department to coordinate the district party committees, township party committees and governments to solve the problem of insufficient personnel; At the same time, the judicial administrative departments of counties (cities) and districts can also strive for the deployment of judicial administrative staff in this system from their superiors to adjust and enrich the rectification work, ensure that this work is managed by special personnel and done by special personnel, and make the work achieve better results; Third, it is fully equipped. The judicial administrative department should coordinate the township party committees and governments to equip the judicial office staff with special office space. Community correction is a penalty execution measure and a serious law enforcement activity in China. Therefore, the relevant state departments should formulate relevant policies, clarify the law enforcement identity of the staff, and provide uniforms for judicial administrative staff engaged in community correction, so as to facilitate their specific implementation of community correction; Fourth, the personal safety of supervisors. Community corrections workers are faced with community prisoners, and it is inevitable that the vicious behavior of the corrected object will appear in the correction work, threatening the personal safety of the correction workers. Therefore, personal accident insurance should be purchased for community correction workers to ensure personal safety. Five, increase publicity, improve the social recognition of community correction. It is necessary to make full use of the favorable conditions of propaganda methods and vigorously publicize the great significance of carrying out community correction. One is to use public places to focus on publicity. Every year, taking the comprehensive publicity month and the activity of "going to the countryside through science and technology" as an opportunity, the district community correction office specially distributes publicity materials in the scenic spots and towns "fairs" within its jurisdiction, holds large-scale centralized publicity activities, distributes information on the spot, and answers questions on the spot; The second is to require all member units to study and publicize in this system, so that government cadres and workers can understand the basic nature, purpose and significance of community correction; Third, go deep into nearby factories, mines, enterprises and institutions to publicize, give full play to the role of grassroots judicial offices, distribute publicity materials to villagers (residents), and improve the enthusiasm of the masses to participate in community correction work; The fourth is to compile and issue briefings for special publicity. The district community correction office takes the lead in writing newsletters and feature films, which are distributed to radio, television, newspapers and magazines, to increase publicity and create a good social atmosphere. Through various forms of propaganda, the inherent traditional concept of execution has been reversed: some wrong views of "letting tigers go back to the mountains" and "raising tigers to be evil" have been corrected; The modern penalty execution concept of people-oriented, civilized, rational and humane is gradually accepted by people; Make the whole society realize that community correction is an important part of the national penalty execution system and an important embodiment of civilized and humanized execution methods, which is of great significance for improving the quality of criminals' education and reform, promoting their smooth return and integration into society and maintaining social harmony and stability. Through effective publicity, community correction work can be generally recognized, understood, cared for and supported by all sectors of society, thus actively participating in community correction work. (Youxian District)