Nanbanfa  No. 143
Counties, district committees and people's governments, municipal committees and ministries and commissions of city-level state organs, development zones, people's organizations, and municipal institutions:
With the consent of the Municipal Party Committee and the Municipal People's Government, the "Implementation Plan of the Leading Group for Community Correction in Nanning City on the Implementation of Community Corrections in the City" is now issued to you. Please implement it carefully in accordance with the actual situation.
General Office of the CPC Nanning Municipal Committee
General Office of the People's Government of Nanning
November 11, 2010
Implementation Plan of Nanning Community Correction Work Leading Group on Community Correction Work in the City
To ensure the smooth development of community corrections in our city, the Supreme People ’s Court, the Supreme People ’s Procuratorate, the Ministry of Public Security and the Ministry of Justice “Opinions on Trial Implementation of Community Corrections in the Country” (Sifatong  No. 169) and the Party Committee of the Autonomous Region The Office and the General Office of the People's Government of the Autonomous Region forwarded the spirit of the "Opinions on the Implementation of Community Correction by the Leading Group of the Community Correction Work in the Autonomous Region" (Department  No. 47) and combined with the actual situation of our city, formulated the following implementation plan.
I. Guiding Ideology
Adhere to the guidance of Deng Xiaoping Theory and the important thinking of the "Three Represents", thoroughly implement the scientific development concept, implement the criminal policy of leniency and strictness, strengthen the education corrections, supervision and management, and assistance to help the corrections, and strive to reduce re-offending; Strengthen the construction of community correction work institutions and teams, establish and improve the community correction management system and working mechanism; strengthen the institutionalization and standardization of community correction work, promote the legislative process of community correction, and create a “safe Nanning” and a socialist harmonious society Good social environment.
(1) Adhere to the party's leadership over community corrections, conscientiously implement the central government's reform and deployment of the judicial system and working mechanism, and ensure the correct direction of community corrections.
(2) Adhere to the division of responsibilities, mutual support, coordination and coordination among relevant departments to ensure the orderly development of community corrections.
(3) Adhere to the combination of expertise and group, fully mobilize social resources and the enthusiasm of relevant parties, and continuously enhance the social effect of community correction work.
(4) Adhere to starting from the actual situation and classify guidance to ensure that the various measures of community correction work are in line with reality and achieve practical results.
(5) Adhere to advancing with the times, reform and innovation, strive to explore community correction work methods, and continuously improve the level of community correction work.
According to China's current laws, community corrections in our city are mainly applicable to the following five types of criminals:
(1) Being sentenced to control;
(2) The probation has been pronounced;
(3) Being sentenced to parole;
(4) Being deprived of political rights and serving a sentence in society;
(5) Those who are temporarily out of prison include: those who have serious illness and need to be released for medical treatment; women who are pregnant or are breastfeeding their babies; their lives cannot be taken care of themselves, and temporary execution outside prison does not harm the society.
Subject to statutory conditions, minor offenders, minor subjective malignant offenders, old sick and disabled offenders, and lesser offenders, negligent offenders, etc., should be the focus of non-custodial community corrections.
Fourth, the main task
(1) Strengthen the education and correction of the objects of community correction. Strengthen the ideological education, legal education, and social morality education of the community correction objects, organize the community correction objects with working ability to participate in public welfare work, strengthen their awareness of confession and guilt, and improve their sense of social responsibility. Take various forms to provide psychological health education to community corrections, provide psychological counseling and psychological corrections, and promote their smooth return and integration into society. Explore the establishment of a community correction evaluation system to enhance the relevance and effectiveness of education correction.
(2) Strengthen the supervision and management of the community correction objects. According to the different types of crimes and risk levels of community correction objects, explore classification and correction methods, and implement control measures such as registration, meeting guests, cancellation of leave, relocation, and restrictions on the exercise of political rights of community correction objects in accordance with the law in order to avoid out-of-control or leakage and prevent re-control Illegal crimes. We will improve the system of rewards and punishments for community corrections, and explore the establishment of a link between daily assessments and judicial rewards and punishments. Explore the use of information and communication technologies, innovate the supervision and management of community corrections, and improve the scientific and technological content of corrections.
(3) Strengthening assistance to the community's correction target. Relevant departments of civil affairs, education, human resources, and social security shall include community correction objects that meet the minimum living security conditions into the scope of minimum living security, help minor community correction objects to complete compulsory education prescribed by the state, and be eligible rural communities. Correction target implementation responsibility field. Integrate social resources and forces, provide skills training and free employment guidance for community corrections, improve the ability to earn a living and help them solve difficulties and problems in basic living security.
V. Implementation steps
Starting from May 2010, community correction work will be carried out in Xingning District, Qingxiu District and other urban areas. After October, community correction work will be carried out in the city. All counties and districts must proceed from the actual situation and directly implement the conditions in their respective jurisdictions if they already have the conditions. If they do not have the conditions for the time being, they can be piloted in two or three townships (streets) and fully rolled out before the end of 2010.
(1) Mobilization preparation stage (August to October 2010). Establish a Nanning Community Correction Leading Group, convene a leading group meeting, determine the working responsibilities and working system of the Leading Group Office, formulate a community correction work process, and initially form a working mechanism; choose and determine pilot units; find out the base of correction objects, and let the Leading Group Office Responsible for screening correction objects, coordinating and implementing the acceptance of correction objects by pilot units. The city's community correction work mobilization conference was held in October.
(II) Implementation phase (October to November 2010). Under the guidance of the Office of the Municipal Community Correction Leading Group, the pilot unit established a community correction work organization, equipped with staff, determined job duties, clarified work tasks, formulated work plans, work procedures, work systems, and implemented safeguards; established a community correction work network; Establish a correction plan for the correction target; establish the correction target's personal file and related ledger; start community correction.
(3) Full implementation (November to December 2010). On-site meeting of community correction work was held to summarize the pilot work experience and prepare for the full implementation. Carefully sort out issues that are inconsistent with laws and policies in the pilot work, and form written materials to report to higher-level relevant departments.
Organization, work responsibilities and team building
(I) Community Correction Organizations
The community correction work is under the leadership of the Municipal Party Committee and the Municipal Government, and is led by the Political and Legal Committee of the Municipal Party Committee. The judicial administrative department is responsible for the organization and implementation, and the relevant departments cooperate closely, and the judicial office implements it.
The Leading Group of Community Correction in Nanning was established. The secretary of the Municipal Party Committee's Political and Legal Committee serves as the team leader, the director of the Municipal Comprehensive Management Office and the director of the Municipal Judicial Bureau serve as deputy team leaders. Members include the Municipal Intermediate People's Court, the Municipal People's Procuratorate, the Municipal Comprehensive Management Office, the Municipal Public Security Bureau, the Municipal Judicial Bureau, the Civil Affairs Bureau, the Municipal Finance Bureau, the Municipal Human Resources and Social Security Bureau, the Municipal Federation of Trade Unions, the Communist Youth League Committee, the Municipal Women's Federation, etc. Departments and units are in charge of leadership. The main responsibilities of the leading group are to implement the guidelines and policies of the higher authorities on community correction work; to formulate relevant policies and systems for community correction work in the city; to coordinate relevant departments to solve major problems encountered in community correction work; to supervise, inspect and guide the city Community corrections. There is an office under the leading group, which is located in the municipal judicial bureau and is responsible for daily work. Each county (district) establishes a community correction organization with reference to the municipal community correction organization model. The township (street) set up a community correction work leading group. The deputy secretary of the township (street) party committee serves as the team leader, and its members are composed of judicial, public security, civil affairs, human resources, and social security departments. The office of the leading group is located in the judicial office of the township (street office), and is responsible for the daily work of community correction.
(Two) job duties
1. Responsibilities of the member units of the municipal community correction work leading group
The people's court shall accurately apply criminal law and criminal judicial interpretation, and make full use of non-custodial punishment and non-custodial penalty enforcement measures in accordance with the law. For defendants who may be subject to non-custodial punishment in accordance with the law, the judicial administrative organ may be entrusted to conduct a pretrial social investigation during the trial, and the relevant legal documents shall be promptly copied to the judicial administrative organ.
The people's procuratorate shall strengthen the legal supervision of various law enforcement links in community corrections. When any violation of the law is found, it shall promptly submit corrective opinions or procuratorial suggestions to ensure the correct execution of penalties.
The comprehensive management department shall include the community correction work in the evaluation content of comprehensive social security management work, and promote the implementation of various tasks and measures in the community correction work.
The public security department shall strengthen the supervision of the community correction objects, take disciplinary measures against community correction objects that violate the community correction management regulations, such as deregulation and leakage, and promptly deal with the community correction objects that re-offend the crime.
The judicial administrative department shall earnestly perform its duties of guiding and managing community correction work, and take the lead in organizing relevant units and community-level organizations to carry out community correction work.
The prison management organ shall apply the temporary execution measures outside the prison according to law, and promptly ask the people's court to decide on parole for those who meet the conditions of parole. For community correction objects that are indeed unsuitable for temporary execution outside the prison, they shall be based on the opinions provided by the community-level community correction work agency , Received prison in a timely manner according to law, and actively assisted the work of community correction organizations.
The financial department shall include the funds of the community correction work organization at the same level into the annual budget.
The civil affairs department incorporates community correction work into community construction and community management, and guides grassroots organizations to participate in correction work. Correction objects (especially persons with disabilities and family difficulties) who meet the conditions of Dibao are included in the Dibao coverage.
The human resources and social security departments actively provide vocational training and employment guidance for those who have difficulty living or need employment.
Trade unions shall promote enterprises to establish community correction education and training bases, and assist judicial administrative organs to carry out centralized education activities on a regular basis.
The Communist Youth League shall assist the judicial administrative department in implementing community corrections, and regularly organize youth community correction subjects to carry out special concentrated education activities such as the legal system and mental health to safeguard their legitimate rights and interests.
The women's federation shall assist the judicial administrative department in implementing the education work for women's community correction targets, regularly organize them to carry out special concentrated education activities, and effectively protect their legitimate rights and interests.
2. The duties of the municipal community correction work leading group office:
(1) Responsible for guiding and coordinating community corrections in the city.
(2) Study and formulate relevant policies, systems and measures for community corrections in the city.
(3) Supervise, inspect and guide the community correction work in each county (district).
(4) Do a good job of communication and coordination with various departments.
(5) Guide, evaluate, and supervise the work of community correction organizations.
(6) Responsible for the propaganda and foreign exchange of community corrections in the city.
3． County (district) community correction work leading group office job responsibilities:
(1) Responsible for guiding, coordinating and advancing community correction work in the county (district).
(2) Study and formulate policies, systems and measures related to community corrections.
(3) Supervise, inspect and guide the community correction work in each township, town (street).
(4) Responsible for reviewing the rewards and punishments of community prisoners.
(5) Do a good job of communication and coordination with various departments.
(6) Guide, evaluate, and supervise the work of community correction organizations.
(7) Responsible for propaganda and foreign exchanges related to community corrections.
4． The duties of the township (street) community correction work leading group office:
(1) Implementing national laws, regulations, rules and policies on non-custodial punishment.
(2) In accordance with relevant regulations, implement management of community prisoners, and supervise and inspect community prisoners in conjunction with public security organs.
(3) Examine community prisoners and implement rewards and punishments based on the results of the assessment.
(4) Organize relevant social groups, civil society organizations and community corrections volunteers to carry out various forms of education for community prisoners, and help community prisoners solve their difficulties and problems.
(5) Organize community prisoners with working ability to participate in public welfare work.
(6) To complete other related tasks assigned by the superior judicial administrative organs.
(3) Construction of community correction teams
1. The professional correction force is composed of the staff of the judicial office and the transferred prison police and community police.
Responsibilities of the staff of the Justice Department: educate and rectify the correctional objects, organize social volunteers to help and educate the correctional objects, and coordinate relevant departments to solve related problems encountered by the correctional objects in the correction process.
Responsibilities of the prison police and community police: assist the staff of the judicial office in the education and correction of the correction target, evaluate the confession and study of the correction target, and make recommendations for rewards and punishments.
2. Social correction forces are mainly social volunteers. Including experts, scholars, celebrities, retired cadres, members of community (village) committees, students of colleges and universities, close relatives of correction objects, and staff of their units.
Volunteers in community correction work must be enthusiastic about community correction work, be politically qualified, have a certain level of policy theory, and have high cultural quality or professional knowledge in psychology, sociology, education law, law and other aspects.
Volunteers for community correction work are examined and approved by the county (district) community correction leadership group offices and issued letters of appointment.
(1) Regular working meeting system. Leading groups of community correction work at all levels shall hold regular working meetings to study and implement the guidelines, policies and instructions and resolutions of higher authorities and community authorities on the community correction work, deploy community correction work in their own jurisdiction, and coordinate and handle community correction work. Major issues.
(2) Joint meeting system. Offices of community correction work leadership groups at all levels shall regularly report on work progress and existing problems, and formulate plans for community correction work in their jurisdictions, coordinate various departments and units to implement various measures, and formulate solutions to major problems in community correction. Guide and check the normal development of community corrections.
(3) Request for reporting system. Community corrections agencies at all levels should report problems in community corrections in a timely manner, and report when handling emergency situations.
(4) Education and training system. Community correction work agencies at all levels shall regularly train community correction workers and social volunteers to improve the work skills and level of community correction workers.
(5) Accountability system. Community correction staff at all levels must strictly abide by various rules and regulations and perform their duties diligently. The rectification subject leaves the area without authorization, re-offends, etc., and is investigated for liability, which is caused by the staff's negligence, and shall be investigated for administrative and legal liabilities.
(6) The work operation system of the community correction work institution. According to relevant laws and regulations, and in accordance with the actual situation of community correction work, the county (district) township (street) community correction work institutions shall establish a system for the operation, acceptance, management, assessment, reward and punishment, and lifting of corrections for community correction objects.
(1) Effectively strengthen the organization and leadership of community corrections. Party committees and governments at all levels must incorporate community correction work into the overall local economic and social development plan, place it on an important agenda, strengthen leadership, make careful arrangements, and study and solve problems in community correction work in a timely manner, especially in the process of community correction work Human, material and financial difficulties encountered.
(2) Effectively strengthen community correction work institutions and team building. Establish special community corrections agencies in judicial administrative organs at all levels to strengthen the guidance and management of community corrections. Establish a community correction work team that combines professionals and groups to enrich the work of the judicial office and ensure that there are full-time personnel engaged in community correction work. Widely mobilize social forces to participate in community corrections. Establish and improve the employment, management, assessment, and incentive mechanisms for social workers and community volunteers. Effectively strengthen the training of the community correction work team, improve the overall quality of the team, and improve the ability and level of community correction work.
(3) Effectively strengthen the guarantee of community correction funds. Establish a community correction funding guarantee system to ensure necessary expenditures for community correction work, incorporate daily work funds into the fiscal year budget of the same level, and appropriately increase according to the financial level of the city and actual work needs.
(4) Strengthen the institutionalization, standardization, and legalization of community corrections. Strengthen the establishment of rules and regulations, in accordance with relevant laws and regulations, and in accordance with the actual situation of community correction work, establish a community correction object acceptance, management, assessment, reward and punishment, and other aspects of the work system, unify the community correction work document format, strengthen file management To ensure the normal operation of community corrections.
(5) Research and formulate implementation plans. All counties (districts) shall, in accordance with the unified deployment of city-level community correction work and in accordance with local conditions, study and formulate specific implementation plans, clarify responsibilities, decompose tasks, implement measures, carefully organize implementation, and ensure that community correction work is progressing in a solid and orderly manner.
(6) Strengthen investigation and research. Leading organizations and offices of community correction work at all levels should often go to the grassroots level to study and solve new situations and problems in community correction work in a timely manner. Carefully carry out supervision and inspection of community corrections to ensure that various tasks and policies and measures are implemented.
(7) Conduct extensive publicity work. It is necessary to strengthen the publicity of community corrections, vigorously publicize the decision-making and deployment of community corrections in the central and autonomous regions, publicize the positive role of community corrections in maintaining social harmony and stability, and improve the implementation of penalties, and publicize and praise the good practices of community correction , Good experience, good model, to create a good social atmosphere for the comprehensive implementation of community correction work.