The "Measures for the Implementation of Community Correction" jointly issued by the Ministry of Justice, the Supreme People's Court, the Supreme People's Procuratorate and the Ministry of Public Security clearly stipulates that the community correction work is mainly organized by the judicial administrative department, with the cooperation of relevant departments and the extensive participation of social forces, and a comprehensive working mechanism of supervision and management, education and correction, and assistance to the needy people is established. The implementation of community correction conforms to the development trend of international execution system, and has the advantage of low execution cost, which is conducive to enhancing the connection between criminals and society, strengthening socialist legal education and enhancing citizens' awareness of obeying the law.
However, at present, the community correction work of grass-roots judicial offices is facing some difficulties, and we should explore the way out of the predicament to better promote the smooth development of community correction work in China.
First, the basic situation of community correction work in our county
In 20 10, our county started the pilot community correction work in Shangli Town and futian town, and the community correction work was fully rolled out in 20 1 1 year. In recent years, judicial bureaus and township judicial offices have earnestly performed their duties. Under the correct leadership of party committees and governments at all levels, with the cooperation of relevant departments and the strong support of social forces, we attach great importance to the correction work in grassroots communities, implement various measures and work systems, and carefully manage community prisoners around the main line of strengthening social management innovation and building a harmonious and beautiful chestnut, and have achieved good legal, political and social effects. Our county governs 10 townships, 1 farm, 155 administrative villages and 12 neighborhood committees. Since the community correction work was carried out on 20 10, the county has received 5 19 community correction objects, released 174 community correction objects according to law and registered 345 community correction objects. Among them, there were 13 people under control, 327 people were suspended, 2 people were released on parole 12, and 2 people were temporarily executed outside prison. There are 53 urban residents, 292 in agricultural registered permanent residence, 320 males and 25 females, 85% of whom are rural community corrections. The age distribution is 18, 8 people, 19 to 25 years old, 26 to 45 years old 129 people, 9 people from 46 to 60 years old and 2 people over 60 years old. There are 72 people in Shangli Town, 63 people in Jinshan Town, 49 people in Mu Tong Town, 44 people in Jiguanshan Township, 465,438+0 people in Chishan Town, 39 people in futian town, 37 people in Changping Township, 35 people in Gao Peng Town, 27 people in Dongyuan Township and 27 people in Yang Qi Township. According to the data analysis, most of the community correction targets in our county are young men with rural household registration, and the sentence is mainly suspended.
Two, the responsibilities of the judicial office in the community correction work.
As the most basic functional department of China's judicial administrative system and the dispatched office of the county judicial bureau in the township people's government (street office), the judicial office undertakes the important task of providing legal protection, legal services and legal publicity and education for the grassroots society and the broad masses of the people, and at the same time guides and manages the people's mediation work, participates in the mediation of major and difficult civil disputes, organizes the transitional resettlement and assistance work for people released from prison and released from reeducation through labor, participates in the comprehensive management of social security, and represents the township people's government (street office).
Starting from 20 10, the functions of township judicial offices have increased since XX county began to implement community correction. It is clearly pointed out in the Measures for the Implementation of Community Correction that grass-roots judicial offices should do a good job in the daily work of community correction, receive organizations to announce community correction personnel, determine community correction teams, formulate correction plans, and establish community correction work files. In the process of implementing community correction, the judicial office shall supervise the regular reports of community correction personnel, and take measures such as on-site inspection, communication and information verification to keep abreast of the activities of community correction personnel; In key periods, major events or special circumstances, community corrections personnel may be required to report and explain the situation in the office as needed; Regularly go to the families, units, schools and residential communities of community corrections personnel to understand and verify the ideological dynamics and realistic performance of community corrections personnel; When community corrections personnel are found to be out of supervision, they shall report to the judicial administrative organ at the county level in a timely manner; Approve community corrections personnel to go out within 7 days; Organize daily education and learning activities and community services; Carry out targeted individual education and psychological counseling; Assessment of community corrections personnel, the implementation of classified management. When the correction expires, the judicial office shall make a written appraisal of the community corrections personnel and put forward suggestions for resettlement and assistance; Organize to announce the termination of community correction; Inform the community correction personnel of the relevant regulations on assistance and education, and make a good handover with the resettlement assistance and education department. In addition, the judicial office is authorized by the judicial administrative department at the county level to participate in social investigation and evaluation within a certain range.
Third, the difficulties faced by the community correction work of township judicial offices.
(1) Responsibility without power is the primary problem faced by grassroots judicial offices in community correction work. According to the provisions of the "two high schools and two departments" and the "Notice", the judicial administrative organ shall take the lead in organizing relevant units and community grass-roots organizations to carry out community correction pilot work, and organize and coordinate the education and reform of community prisoners. Street and township judicial offices shall undertake the daily management of community correction. However, Article 76 of China's Criminal Law and Articles 2 14, 2 17 and 2 18 of the Criminal Procedure Law clearly stipulate that five types of community prisoners shall be supervised and managed by public security organs. The conflict between the current criminal law and the provisions of the Notice directly leads to the separation of the subject of penalty execution and the subject of community correction. This separation makes the rights and responsibilities of public security organs and judicial administrative organs in community correction work vague. The vague scope of authority makes it difficult to define the rights and responsibilities of public security organs and judicial administrative organs in the pilot work of community correction. The dislocation of power and responsibility makes the role of judicial administrative organs in the concrete implementation of community correction very embarrassing, which doubles the administrative cost of judicial administrative organs engaged in community correction work and greatly reduces the efficiency of community correction work. The judicial organs, that is, the community correction organs, should strictly supervise the community correction personnel and give them correction education. This kind of corrective education is compulsory, but it must be backed by corresponding laws and compulsory measures. As community corrections workers, community corrections workers can only be disciplined by persuasion education, which will inevitably lead to the lack of authority of community corrections workers in the correction education of corrected people, and may also make community correction work a mere formality. At present, all kinds of laws and regulations in our country stipulate the responsibilities and powers of judicial organs, the rights and obligations of community corrections personnel and the disciplines they should abide by, but they do not clearly stipulate whether community corrections personnel can implement compulsory measures, what compulsory measures they can use and the degree of compulsory measures. For example, although criminals sentenced to public surveillance may often commit serious violations of discipline or even illegal acts, as long as they are not intentional crimes, the only way that community correction institutions can take is to criticize education, which is difficult to produce the effect of education management. Another example is that criminals who are temporarily executed outside prison leave their residence without the consent of the regulatory authorities under the banner of going out for medical treatment. The compulsory measures that community correction institutions can take in this situation can only be a warning. As long as he didn't commit a crime intentionally, it is difficult for the correctional authorities to ask the prison authorities to take him into prison. Responsibility makes the community correction work face all kinds of embarrassment in actual operation.
(2) Unstable personnel and lack of professionalism are important problems that plague the community correction work of grassroots judicial offices.
1, the function is increased and the configuration remains unchanged. From about 20 10, the function of community correction has been added to the township judicial office in our county 10, but the staffing still continues the old configuration, generally 2 to 6 staff. The staff of the judicial office is the main force to undertake the rectification work. There are 2-6 staff members in the judicial office, who undertake 9 work functions such as community correction, resettlement education, popularization of law, people's mediation and comprehensive management of social security. Their work intensity is high, which makes them spend less energy and time on community improvement. For example, in 20 12, Changping Justice has three directors, Dongyuan Justice has only two directors, Mu Tong Justice has five directors, Jiguanshan Justice has three directors and Shangli Town Justice has six directors. The function of community correction has increased, but the number of personnel has not changed much in recent years. Therefore, there is no one in our county 1 1 township judicial office who is responsible for community correction. Compared with the number of personnel and functions of the township judicial office in our county, the strength of the township judicial office in our county is really weak.
2, frequent personnel changes, business is often unfamiliar. Community correction has higher requirements for staff and network informatization. According to the standardized construction standards of judicial offices in Jiangxi Province, the county (city, district) judicial offices assist the organization departments to handle the appointment and dismissal according to the management authority of cadres, and the new judicial office staff must undergo initial training by judicial administrative organs at or above the county level 1 month or more before taking up their posts with certificates. However, the personnel of township judicial offices change frequently every year and do not operate according to this standard, which leads to the unskilled personnel of new judicial offices. It is time-consuming and labor-intensive to train the personnel in charge of community correction every year, and the cost is high. For example, since the community correction work was carried out for three years, the personnel in charge of community correction work in Changping, Dongyuan, Jiguanshan and Shangli Town have changed every three years. However, there is no full-time community correction staff in our county and township.
3. Community correction requires high standards, few professionals and heavy tasks. Community Correction Work Since the Judicial Bureau of our county adopted gprs satellite positioning for community corrections personnel, especially with the establishment of the information network platform of the community correction supervision center of our county, the application of personnel supervision, file management and information platform has adopted paperless office, which has higher requirements for the informationization and networking of community corrections personnel and stronger psychological quality. But so far, there is no long-term designated person in charge of the county1kloc-0/township judicial office. The community correction work of the judicial office is meticulous, with heavy tasks and great pressure. For example, there are 63 community corrections personnel in Shangli Town Judicial Office. Without a specific person in charge of community corrections, it is difficult to supervise and correct these 63 community corrections personnel. In addition, according to the "Standards for the Standardization of Judicial Offices in Jiangxi Province", 70% of judicial office staff have a junior college degree or above in law, but none of our county 1 1 township judicial offices have reached this standard, which is far from the all-round talent demand of law, psychology, sociology and education needed by community correction work.
4. Volunteers are not enthusiastic about participating. Community correction volunteers are an indispensable force in community correction work and can play an important role in helping community prisoners return to society. However, at present, people's awareness of participating in voluntary activities is still relatively weak, and the number of volunteers who volunteer to participate in community correction is very small. Therefore, the correction force in our county is thin, and the correction effect is difficult to highlight.
(3) Lack of funds is the bottleneck restricting the development of community correction in grassroots judicial offices.
According to the requirements of the higher authorities, the annual investment of each community correction personnel needs to reach 2,800 yuan/person, while the county finance budget for community correction funds is 50,000 yuan/year. According to the registered community correction personnel in our county last year, the funding gap for community correction is more than 900,000 yuan. Too little investment and insufficient guarantee lead to the plight of community correction work.
Decentralized personnel and vast territory are also one of the problems in the correction work of grass-roots communities. Community correction supervision is also restricted by regional factors. Because there are many rural community correction objects in our county, there are currently 295 registered rural community correction personnel, accounting for 85% of the total. Due to the long distance between villages and towns, huge geographical area, and the scattered residence and high mobility of community correction objects, it is very difficult to manage community correction objects. Therefore, it is difficult for judicial offices with 2 to 5 people in all towns and villages in our county to do a good job in rural community correction.
Fourth, some suggestions:
1. Community correction is essentially a criminal law enforcement activity. In order to reflect the seriousness and authority of this work, it is conducive to the development of community correction work and strengthen the management and supervision of community prisoners. It is suggested that law enforcement officers of community corrections should be included in the police establishment and dressing the norms should be formulated.
2. Expand investment. County-level finance should aim at the new situation of community correction work, make overall planning and appropriate tilt according to the requirements of superiors, and gradually improve the transportation, office facilities and funding input of judicial offices within its power to provide necessary funding guarantee for its community correction work;
3. enrich the work team. Strengthen manpower allocation. In accordance with the new requirements for judicial administrative organs to carry out community correction work according to law, we should scientifically and reasonably solve the problems of special establishment, manpower supplement and responsibility setting of judicial administrative organs, and recruit a group of professionals in law, education, psychology and so on by making targeted use of the annual civil service examination, college student village official examination and recruitment of public institutions. Strengthen team building, establish a professional, professional and high-quality community correction team, and provide necessary human resources for its community correction work.
4. Improve the quality of the team. Organize team training in a targeted manner, learn from the experience of other places, improve the quality of community correction work, reduce the flow of personnel, and stabilize the correction work team.
5. Strengthen cooperation. Community correction is a major event involving thousands of families, which is related to the prosperity of the country and the safety of the people. Only relying on the judicial administrative organs to "fight alone" has little effect. Public security organs, people's courts, people's procuratorates, prisons and their administrative organs, detention centers and other relevant functional departments must take the overall situation into account, cooperate with each other, strengthen cooperation within the scope of their respective duties, and overcome the passive situation in which judicial organs and administrative organs work in isolation.
6. Increase publicity. Give full play to the role of television, radio, newspapers and other media, publicize what community correction is, its nature and content, and its implementation methods to the broad masses of cadres and masses, so that the whole society can understand and pay attention to community correction, continuously expand its social influence, and strive for the recognition and support of all sectors of society.