What determines the implementation location of community correction?

The "Implementation Measures" stipulates that community corrections personnel receive community corrections at their place of residence, and the judicial administrative organs at the county level in their place of residence are responsible for implementation. This is based on the relevant laws and regulations, combined with China's current economic and social development situation, summed up the pilot and trial work experience of community correction in various places. The term "residence" as mentioned in these Measures generally refers to counties (cities, districts and banners) where community corrections personnel can live continuously for more than 6 months. The residence shall meet the following conditions: 1. Community corrections personnel have a fixed residence, which they own or lease with relatives and friends, or other people and units are willing to provide for community corrections personnel. Community corrections personnel can live in this residence for more than 6 months. 2, community corrections personnel have a fixed source of life in the place of residence, or have relatives and friends, other people, by the relevant units to provide their living security. Unable to determine the place of residence, accept community correction at the place where the household registration is located.

There are three main considerations for taking the place of residence as the place of execution: First, it conforms to the nature and characteristics of community correction. Community correction is a kind of penalty execution activity, which needs strict supervision to prevent recidivism and maintain social order and community peace. At the same time, community corrections personnel need to have basic living, working and learning conditions to accept social supervision, education and help. Whether it is the local population with the same household registration and residence, or the floating population with separated households, their living foundation is closely related to their residence. If the household registration is taken as the place of execution, for a large number of floating population, they still have to go out for employment because they have no source of income. At present, the way of entrusting in different places has played a certain role in some areas, but the law enforcement power is separated from the law enforcement responsibility, and the executive organ is separated from the organ that actually carries out the rectification work, which is out of control and it is difficult to distinguish the responsibility once problems arise. Taking the place of residence as the place of execution is conducive to effective supervision and the smooth integration of community corrections personnel into society. Second, it is in line with the economic and social development situation. With the development of economy and society, the separation between people and households is becoming more and more common. Under the new situation of strengthening and innovating social management, China has put forward the basic goal of implementing social management according to the place of residence and connecting public services with the place of residence of the population. Some areas have introduced residence permit management measures, and the formulation of unified residence permit management measures has been put on the agenda. Taking the place of residence as the place of execution meets the needs of the development of the situation. Third, it conforms to current laws and regulations. For community corrections personnel who are temporarily executed outside prison, according to the provisions of Article 27 of the Prison Law, they shall be executed by the execution organ of the place of residence. For community corrections personnel who are under control, probation or parole, the criminal law clearly stipulates that leaving the city or county where they "live" or moving should be approved by the executive organ. Taking the place of residence as the place of execution conforms to the legislative purpose and specific requirements of relevant laws.

According to the provisions of the first and fourth paragraphs of Article 17 of the Community Correction Law, the people's courts sentenced to control, probation, parole, and temporary execution outside prison, as well as prison management organs and public security organs approved to temporarily execute outside prison according to law. When making the above judgments and decisions according to law, the place where community correction is to be implemented shall be determined.

This article stipulates that the right to determine the execution place of community correction is given to the decision-making organs of community correction, and it is clearly required that the decision-making organs should also determine the execution place when making judgments and decisions applicable to community correction. At the same time, the law does not give the community correction enforcement agencies the right to raise objections. In other words, the decision-making organ of community correction decides where the object of community correction is to be carried out, and the executive organ of community correction has no right to make irresponsible remarks.

legal ground

People's Republic of China (PRC) community correction law

Seventeenth community correction decision-making organs sentenced to control, probation, parole, decision or approval of temporary execution outside prison, it should determine the community correction execution site.

The execution place of community correction is the residence of the object of community correction. If the community correction object lives in multiple places, it can be determined that the habitual residence is the place of execution.

If the residence and habitual residence of the community correction object cannot be determined or it is not suitable to carry out community correction, the decision-making organ of community correction shall determine the execution place in accordance with the principle of facilitating the community correction object to accept correction and better integrate into society.

The community correction decision-making organs mentioned in this Law refer to the people's courts that have been sentenced to public surveillance, declared probation, ruled parole, and decided to temporarily execute outside prison, as well as the prison management organs and public security organs that have approved the temporary execution outside prison according to law.