What is the nature of community correction in China?

Legal analysis: Community correction has duality. On the one hand, community correction has the nature of penalty execution, social correction is the execution of community penalty, and punitive is the essential attribute of criminal law and penalty execution activities. Since community correction is the execution activity of community punishment, its essential attribute is of course punitive. However, this does not mean that community correction should exclude the supervision and education of the correction object. On the other hand, community correction has the nature of social work. As a new correction method different from the traditional criminal law execution method, it is characterized by openness and corrects criminals' activities with the help of social forces and resources. In this sense, community correction has the characteristics of general social work, which is also the advanced nature of community correction as a penalty execution method. The sociality of community correction lies not only in the sociality of its execution place and subject, but also in the fact that this system applies the professional theory and technology of social work to the crime correction system, helping criminals or people with behavioral deviations to know themselves, transform or correct their behavior patterns, rebuild their lifestyle in line with social norms, return to society and become a member of their society.

Legal basis: People's Republic of China (PRC) Criminal Law.

Article 38 The term of control shall be three months or more and two years or less.

Controlled sentencing can be based on the circumstances of the crime, and criminals are prohibited from engaging in specific activities, entering specific areas, places and contacting specific people during execution.

For criminals sentenced to public surveillance, community correction should be carried out according to law.

Violation of the prohibition order stipulated in the second paragraph shall be punished by the public security organ in accordance with the provisions of the People's Republic of China (PRC) Public Security Administration Punishment Law.

Article 76. A criminal who has been declared suspended shall, within the probation period, accept community correction according to law. If there are no circumstances stipulated in Article 77 of this Law, the probation period of probation expires, and the original sentence will not be executed, and an announcement will be made.

Article 85. During the probation period of parole, a paroled criminal shall accept community correction according to law. If there are no circumstances stipulated in Article 86 of this Law and the probation period for parole expires, it shall be deemed that the original sentence has been executed and an announcement shall be made.