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When was the Community Corrections Law promulgated?
my country's first law that comprehensively regulates community correction work 1 "Community Correction Law of the People's Republic of China" has been adopted by the Standing Committee of the Thirteenth National People's Congress of the People's Republic of China The 15th meeting was adopted on December 28, 2019 and officially implemented on July 1, 2020. This marks that community correction work has entered a new stage of development! So far, it has been officially implemented for two years. 1. Goals of community correction Articles 1 and 3 of the "Community Correction Law" stipulate that "promote the smooth integration of community correction subjects into society, prevent and reduce crime" and "help them become law-abiding citizens." Article 1 of the previous "Community Correction Implementation Measures" stated "in order to implement community correction in accordance with the law and transform community correction personnel into law-abiding citizens." Obviously, the "Community Correction Law" downplays the label of "rehabilitation" and emphasizes repairing and restoring normal social relationships. 2. Nature of community correction work Article 1 of the "Correction Law" stipulates: Ensure the correct execution of criminal judgments, criminal rulings and temporary sentences outside prison. Community corrections work is clearly positioned as "criminal execution." From the perspective of the legal status and obligations of the four categories of community corrections objects, this characterization is more in line with the principles of statutory penalties and appropriate punishments. 3. Responsibilities of judicial administrative departments The functions of county-level judicial administrative organs have been replaced from "supervising" to "guiding management, organizing and implementing"; the "guiding" functions conferred by the "Implementation Measures" are assigned to community correction committees; "organization and implementation" are assigned to community corrections The work tasks of the judicial office have changed from "taking on daily work" to "taking on relevant work" entrusted by community correction institutions. 4. Responsibilities of the People’s Procuratorate: First, cancel the entrustment power of social investigations. According to Article 18 of the Correction Law, only the community correction decision-making authority can entrust a community correction agency to conduct investigation and evaluation when necessary. The decision-making authority of community correction refers to the people's court that imposes a sentence of control, declares probation, adjudicates parole, and decides on temporary execution of sentence outside prison in accordance with the law, as well as the prison management agencies and public security organs that approve temporary execution of sentence outside prison in accordance with the law. The second is to cancel the pre-procedure for the implementation of recommendations on imprisonment. In practice, when a correctional institution proposes to put the person in prison for execution, it must first seek the opinion of the procuratorate; Article 46 of the Correction Law stipulates that community correctional institutions make recommendations to the People's Court for revoking probation or parole, and send a copy of the proposal to the People's Procuratorate. Third, the basis and scope of supervision are more standardized. The procuratorate shall independently exercise procuratorial power in accordance with the authority, procedures and norms stipulated by the law (not departmental regulations, document notices, etc.). 5. Cancel the eight-hour study and service requirement. The "Implementation Measures" stipulate that community correction subjects shall participate in education, study and community service for no less than eight hours each month; the "Correction Law" no longer stipulates the "two eight-hour" tasks. , and "community service" was cancelled, and "public welfare activities" were added. 6. Some working time limits have been adjusted. Article 5 of the "Implementation Measures" stipulates that the community correction decision-making authority shall deliver relevant legal documents within three working days after the judgment, ruling, or decision takes effect; Article 20 of the "Correction Law" stipulates: Community Correction The decision-making authority shall notify the community correction institution within five days from the date the judgment, ruling or decision takes effect, and shall serve the legal document within ten days. 7. Protection of the rights and interests of community correction subjects: First, relax the standards for asking for leave when going out. Article 27 of the "Correction Law" stipulates: For those who require regular activities across cities and counties due to normal work and life, the approval procedures and methods may be simplified according to the circumstances. Second, the supervision and management measures are reasonable and necessary. Article 34 of the "Correction Law" stipulates that "the measures and methods of community correction should avoid unnecessary impact on the normal work and life of community correction subjects;" The third is to defend the admission to prison. Article 48 of the "Correction Law" stipulates: If the people's court intends to revoke probation or parole, it shall hear the defense of the community correction subject and the opinions of the lawyer entrusted by him.
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