중국의 ‘지역사회 교정’ 실태와 개선방향

Abstract

As the number of prisoners increases every year in China, it became difficult to correct solely depending on institutional treatment. Since 1990s the interests on intra-social treatment has increased, and the community correction has been implemented in several designated model communities in Beijing and Shanghai in 2002. Since then, the model communities have been expanded to wider areas, thereby resulting in an expected success. In 2006, the Central Committee of the China's Communist Party established a policy actively promoting community correction by implementing a criminal justice policy mutually supplementing hospitality and strictness. In 2007, community correction has been enforced in 24 provinces and municipals, thereby settling down the non-confinement corrections. However, several problems arose in the course of implementing the community correction in China. Legislation of the fundamental law is insufficient, and the enforcement lacks efficiency due to ambiguous work allocation among relevant authorities. Much more staffs are required, and current working staffs lacks competent professional skills. The applicable scope of the community correction is still too small, and the low budget makes the implementation even more difficult. To solve the aforementioned problems, the relevant legislations must first be improved; application of regulatory penalties, suspension penalties, and releases on parol should be increased in order to expand the recipient pool of the community correction; work allocation among relevant authorities must be clearly defined in order to establish an organized cooperation system; professional training programs must be frequently held in order to improve professional skills of the staffs; and the education programs corresponding to the actual circumstances of each community must be developed. China is expected to enact relevant legislations and further perfect its community correction.