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.
Highlights
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
The community correction started from the socialized execution thought of the modern school at the end of the 19th century, which is one of the utilitarian purposes of penalty execution—“returning to the original”—product; it reflected the mitigation and socialization of penalty execution
Summary
The community correction started from the socialized execution thought of the modern school at the end of the 19th century, which is one of the utilitarian purposes of penalty execution—“returning to the original”—product; it reflected the mitigation and socialization of penalty execution At present, it has become the dominant execution mode in western countries. The Ministry of Justice submitted the community correction law of the People’s Republic of China (Draft) to the Standing Committee of the National People’s Congress in 2015, but the draft was not adopted after the first deliberation. On October 31, 2019, the Ministry of Justice submitted to the Standing Committee of the National People’s Congress the community correction law of the People’s Republic of China (Draft for second deliberation), which changed the expression of the nature of community correction that has been used for more than ten years to “The correct execution of criminal judgments, rulings and decisions on temporary execution outside prison”. The following will first explore the nature of probation
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