TITLE:
On the Nature of Community Correction —Comments on Article 1 of the Community Correction Law
AUTHORS:
Hong Yang
KEYWORDS:
Rehabilitation, Probation, Penalty Execution, Temper Justice with Mercy
JOURNAL NAME:
Beijing Law Review,
Vol.11 No.1,
February
11,
2020
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.