While seeing the achievements in the past seven years, we are also soberly aware that the community correction work is in an extremely important development period. At present, we have seven years of pilot experience, and we are also facing a critical period of revision of the criminal law and the criminal procedure law. It is of great significance to do a good job in community correction. If there is a problem, it will have a great impact. In the speeches at the seminar, many provinces and cities said that the community correction work has produced a good social impact around the major events, happy events and difficulties in China in recent years. Especially during the Beijing Olympic Games, Shanghai World Expo and Guangzhou Asian Games, our community correction work was foolproof and played a very good role. I have confidence in this job, but I am also worried. In recent years, whenever there are any major public security incidents, especially several influential public security incidents, such as campus injuries in some places, my first reaction is that community prisoners have done it. I think all the directors present here and the relevant comrades in charge of this work will have this kind of worry. We just want to do this work conscientiously and conscientiously, which is also based on our profound understanding of the great responsibility of this work. We are trying out community correction, and 270,000 people are serving sentences in the community. In other words, there are 270,000 criminals in society, which is not a small number.
First, under the new situation, we should further unify our thinking, raise our awareness, conscientiously implement the spirit of important instructions of comrades, incorporate community correction into the important content of social management innovation, and do a good job in community correction closely around social management innovation. Community correction is an activity to correct and manage criminals in an open community environment. It has the nature of penalty execution and has the advantage of relying on social forces to actively participate. In practice, it presents an organic combination of penalty execution and social management services, which is internally related to social management innovation. From the discussion, it is generally believed that it is of great significance for those who don't need it to update the concept of law enforcement, actively use various social resources and integrate various social forces.
It is in line with China's national conditions and the trend of penalty reform and development in the world today to carry out socialized correction, directional management and educational reform for criminals who are not suitable for imprisonment or continue imprisonment. With the strengthening of social construction and the promotion of social management innovation in China, it is necessary to realize the implementation system of community correction with special state organs as the main body and social forces actively participating. Compared with the traditional prison correction, the workplace of community correction is in the community, and all measures should be fully based on and rely on the community, which is also a major change in thinking to achieve the purpose of punishment, prevention and reduction of crime. The essential difference between community correction and imprisonment correction lies in the good management and education of criminals through the extensive participation and full dependence of social forces. In the process of community correction, it is an important practice of China's characteristic penalty execution system and a manifestation of the superiority of China's socialist system to organize social forces, promote public participation, and build an educational mechanism for prisoners by using educational resources, post resources, dispute mediation resources and legal resources from society. Besides, the core of Socialism with Chinese characteristics system is the socialist legal system with Chinese characteristics, including the penalty execution system with China characteristics. The emergence of these systems has a profound social foundation and mass foundation, which is also required by the nature of our country and the goal of building a harmonious society.
We should further unify our thinking, renew our concepts, strengthen publicity and public opinion guidance, and create a good social environment for community correction. Judging from the historical tradition of our country, the psychology of punishing and retaliating crimes in society is very strong. Therefore, at the beginning of the pilot projects in various places, comrades did a lot of publicity and explanation work, and now this work still needs to be done. It is necessary to publicize to the masses, unify their thinking and understanding, and let the community people realize the importance of community correction. A person who has committed a crime will eventually return to society, or return to society, participate in society and build society, except for immediate execution after execution of punishment and imprisonment. The implementation of community correction is to let these people accept transformation in the community and directly integrate into the society, which is also the essential requirement for us to build a harmonious society.
These concepts need to be repeatedly publicized and changed the concept of punishment that blindly advocates severe punishment. At the same time, community correction is by no means forgiving crimes or conniving criminals. We should not oppose the strict management of community prisoners and the relaxed environment in the community, but should be harmonious and United, and strive to reform community prisoners and achieve the purpose of punishment. It is very complicated and difficult to put criminals into society and community and transform them into new people without being divorced from society. This is the need of building a harmonious society and a civilized country ruled by law, and it is also our heavy responsibility.
The party group of the Ministry of Justice attaches great importance to strengthening the guidance and deployment of community correction work and promoting the in-depth development of community correction work. Since the beginning of this year, Minister Wu Aiying has emphasized in the national training courses for county (district) judicial directors and the national conference of judicial directors that community correction should be planned in the overall pattern of social construction and considered in the overall deployment of social management innovation. In the field investigation of some provinces (autonomous regions and municipalities), in a series of conference speeches, and in the coordinated solution of some major practical problems, clear requirements have been put forward for community correction work. Recently, the National Conference of Directors of Judicial Departments (Bureaus) focused on community correction, and made it an important work for next year and a period to come, and put forward clear requirements. Require judicial administrative organs at all levels to earnestly perform their functions, strengthen the management of community prisoners, actively promote social management innovation, and actively promote the comprehensive pilot of community correction; It is necessary to strengthen the supervision and management of community prisoners, standardize all aspects of law enforcement, such as receiving, managing, changing and canceling corrections, unify law enforcement standards, procedures and legal document formats, ensure the standardized operation of community corrections in accordance with the law, prevent tube evasion and prevent recidivism; It is necessary to strengthen education correction, vigorously promote the experience of Jiangsu Community Correction Management Education Service Center, and explore the establishment of a full guarantee system for community correction funds; It is necessary to establish and improve the community correction system, strengthen the construction of community correction institutions, and establish a community correction team that combines full-time and part-time jobs; We should strengthen community correction.
Two, seriously study and popularize the experience of Jiangsu, give full play to the function of judicial administrative organs to guide and manage the community correction work.
The community correction work in Jiangsu Province started early, with a high starting point and far-reaching planning, and achieved remarkable results, becoming a brand for judicial administrative organs to promote the three key tasks. All localities should fully learn from them, at the same time constantly sum up and strengthen improvement. As the first province in China to carry out community correction pilot work, Party committees and governments at all levels attach great importance to it, insist on unifying thoughts and perfecting the system, standardize the operation mechanism on the one hand and strengthen the guarantee mechanism on the other. Community correction work has institutions, teams, systems, places and funds, and has formed a set of effective institutional measures in all aspects. The vast number of judicial administrative workers are full of pioneering and innovative spirit, actively explore new models of community correction, and vigorously promote the # Community Correction Management Education Service Center? Construction, the use of gps positioning system and other modern scientific and technological means to strengthen the supervision and management of community prisoners, take various forms of mental health education for community prisoners, provide psychological counseling and psychological correction, promote their smooth return and integration into society, and reduce social confrontation factors. In the past seven years, based on the local reality, Jiangsu Province has actively explored and innovated, made great efforts to do a good job in the management and education of community prisoners, and minimized the recidivism rate, and achieved remarkable results. At present, the total number of community prisoners in the province and the number of existing community prisoners rank first in the country, and the recidivism rate of community prisoners during the correction period is lower than the national average.
At the level, it has played a positive role in ensuring the economic and social development of the province and maintaining social harmony and stability, and has also played an exemplary role in the in-depth development of community correction work throughout the country. Wang Lequan, member of the Political Bureau of the Communist Party of China (CPC) Central Committee and deputy secretary of the Central Political and Legal Committee, spoke highly of the community correction work in Jiangsu Province. The experience of Jiangsu and the practice of community correction in China in recent seven years strongly show that it is feasible for judicial administrative organs to take the lead in organizing and implementing community correction. At the same time, the people's courts, people's procuratorates, public security and civil affairs implement community correction for criminals who meet the statutory conditions, and those who lose the conditions for the execution of non-custodial sentences are put in prison for execution; After the execution of the penalty, we will enter the resettlement and help education, realize the division of responsibility, mutual cooperation and mutual restriction of investigation, prosecution, trial and penalty execution in China, and improve the criminal justice system in China.
Three, focus on the standardization of community corrections, and comprehensively promote the in-depth development of community corrections.
Central leading comrades attach great importance to the standardized construction of community correction. Comrades clearly pointed out that community correction should be standardized on the basis of pilot projects. Comrade Wang Lequan, in his speech when listening to the report of the Ministry of Justice, clearly instructed to standardize the community correction work. Community correction is a serious penalty execution activity, which itself requires strengthening the construction of community standardization. Over the past seven years, positive progress has been made in the institutionalization and standardization of community corrections in various places. Beijing, Tianjin, Shanghai, Jiangsu and other 25 provinces (autonomous regions and municipalities) in accordance with relevant laws and regulations and # Fannie and Freddie? ! Notice on the pilot work of community correction? And! Opinions on trying out community correction in the whole country? , formulated the community correction work methods or implementation details, which played a positive role in the development of community correction work in this province (autonomous regions and municipalities). In June this year, Changchun Municipal People's Congress of Jilin Province passed the first local law on community correction in China? ! Decision on the comprehensive trial of community correction work? . On the basis of summarizing the pilot experience, Chongqing drafted! Regulations of Chongqing Municipality on Community Correction? . In addition, Shandong, Hubei, Anhui and other provinces have also formulated! Interim measures for social investigation before non-imprisonment punishment? 、! Measures for the administration of entrustment of community prisoners in different places? And other systems. These systems and regulations provide a guarantee for ensuring the smooth development of community correction work in various places during the pilot and trial process. The community correction system was defined in the eighth draft of the Criminal Law Amendment deliberated by the 11th the National People's Congress Standing Committee (NPCSC). The criminal procedure law will also be studied and revised. With the continuous improvement of criminal law, criminal procedure law and other related legal systems, it is an inevitable requirement to standardize the implementation of community correction according to law. In the recently revised criminal law, # according to law has been added. Two words, there must be a community correction law according to law, so the Ministry is working hard to study and formulate the preparatory work for the community correction law recently, and is working with relevant departments to formulate it! Measures for the implementation of community correction? Translate the successful experiences of various places into laws and systems, and guide and standardize the community correction work.
Fourth, strengthen the research on major theoretical and practical issues of community correction.
The theoretical research of community correction includes basic research and applied countermeasures research, which belongs to the category of applied theory research of law and is a basic work with important value and significance.
In recent years, the Party Group of the Ministry of Justice attaches great importance to theoretical research, regards theoretical research as a foundation and an important task of judicial administration, and constantly strengthens the organization, coordination and guidance of theoretical research throughout the system. In order to actively promote the development of community correction, the judicial departments (bureaus) of all provinces (autonomous regions and municipalities) attached great importance to this seminar. Many provinces and cities have set up special research groups, defined the person in charge, deployed backbone forces to undertake research tasks, conducted in-depth research at the grassroots level, and mobilized various forces to participate in theoretical research. Thesis writing activities have also been positively responded by community correction theory researchers. Nearly 500 papers were received in this theoretical research conference, covering the improvement of community correction legislation, organizational setup, team building, funding guarantee, information management, pre-trial social investigation, psychological correction, risk assessment, social resource integration, correction working methods, rural community correction and so on. , and conducted extensive and in-depth discussions on the major issues faced by community correction work, forming a broad understanding of the theoretical and practical issues of community correction.
How to correctly understand and grasp the punitive problem of community correction? It is believed that the purpose of criminal law is to punish and reform criminals, and the task of criminal law is to use punishment to fight against all criminal acts. As a penalty execution activity, community correction is punitive, and the primary task of community correction is to achieve the purpose of penalty. Although community correction is a non-custodial and socialized way of penalty execution, it cannot change its essential attribute and primary task of executing penalty and punishing criminals. As criminals who have committed acts endangering society, community prisoners should be punished as they should, which is not only the general appeal of the public, but also the objective requirement of safeguarding social justice. To do a good job in community correction, we should stand firm, take a clear-cut stand, be confident and enforce the law seriously. # Helping people in need in community correction? It should be social adaptability help for community prisoners based on penalty education, and its purpose is to help criminals integrate into society and avoid committing crimes again. Poverty alleviation measures are auxiliary and serve for supervision and correction.
On community correction in the criminal policy of combining leniency with severity. Everyone thinks that combining leniency with severity is the premise and foundation that community correction must adhere to. # People can be transformed? It is one of the basic concepts of China's socialist penalty execution system. In the process of reforming criminals, we must always adhere to the principle of combining leniency with severity, which means strictness, leniency means leniency, and leniency means moderation. On the basis of adhering to legal, strict, scientific and civilized management, the community prisoners with different risk levels and different types of crimes will be tailored to their individual needs.
Personality characteristics, family environment and community conditions should be treated differently, and different people should adopt supervision, management and education countermeasures in stages. Taking community correction as an example, some comrades analyzed the practical value of the criminal policy of combining leniency with severity in community correction. They believe that community prisoners must complete public service for a certain period of time during community correction, so as to plead guilty and repent, and compensate the society through labor. The implementation of public welfare labor embodies the working nature of community correction penalty execution. Let community prisoners participate in public welfare work, which can gradually cultivate their sense of social responsibility, correct their bad habits, strengthen their educational function of life values, and in a deep sense, achieve the purpose of urging community prisoners to plead guilty and repent.
On social investigation before community correction. Before the implementation of community correction, social investigation of the corrected is the prerequisite and basic starting point of individualization of punishment. The purpose of social investigation before community correction is to confirm whether criminals are suitable for community correction, whether the community they live in has the conditions for supervision and education, and whether the application of community correction can achieve the purpose of penalty execution.
In the legislation of community correction, we should further clarify the main position of judicial administrative organs in social investigation before community correction.