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Chinese Community Correction System and “De-labeling” - On the Jurisprudential Basis of Community Correction System from the Perspective of Label Theory

Received: 10 September 2019    Accepted: 27 September 2019    Published: 12 October 2019
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Abstract

The community correction system is relatively mature in Western countries such as the UK and the USA. In recent years, it has gradually emerged in China and has been pushed from the pilot to the whole country. It has had an important impact on the transformation of the executi of punishment in China. And its development can not be separated from the strong support of label theory in criminology. The label theory cuts into the causes of crime from the interaction between the individual and the society, explains the causal relationship between the primary deviant behavior and the secondary deviant behavior, and holds that the penalty is a “label” for the perpetrator of the crime within the maximum scope of society. As a non-custodial punishment, the community correction system reflects the change of the execution mode of the penalty. Its implementation is based on the label theory. Compared with the traditional prison sentence, it has the effect of diluting the "label" and the implementation of community correction. It is the process of “de-labeling” from the community residents and the community correction objects themselves. The negative reaction of other people in the society to the deviant behavior and the change of the self-image of the perpetrator are two key links in the process of criminal label formation. Therefore, the community correction system should mainly aim at removing the prejudice of the community residents against the community correction offenders and improving the community correction offenders’ recognition of self-worth. And the community correction system should give full play to the influence of lightening the label.

Published in Social Sciences (Volume 8, Issue 5)
DOI 10.11648/j.ss.20190805.18
Page(s) 270-274
Creative Commons

This is an Open Access article, distributed under the terms of the Creative Commons Attribution 4.0 International License (http://creativecommons.org/licenses/by/4.0/), which permits unrestricted use, distribution and reproduction in any medium or format, provided the original work is properly cited.

Copyright

Copyright © The Author(s), 2024. Published by Science Publishing Group

Keywords

Community Correction System, Label Theory, Interaction Relationship, Non-custodial Punishment, “De-Labeling”

References
[1] Chen Yongbin, Li Yiming, The Theoretical Foundation, Extraterritorial Experience and Model Selection of Community Correction Procuratorial Supervision, Journal of Southwest University of Political Science and Law, Vol. 13, No. 3, 2011.
[2] Chi Dakui, On 'Pre-disciplinary Risk Assessment' in Community Correction——Double Deployment of Entities and Procedure, Journal of Henan Police College, No. 4, 2019.
[3] Xie Gang, Lin Tingting, Basic-level Promotion of Community Correction from the Perspective of Label Theory, Journal of Jilin Normal University (Humanities and Social Sciences Edition), No. 4, 2010.
[4] Ren Yangzi: The Realistic Paths of Label Theory, Journal of Yunnan Police Officer Academy, No. 2, 2019.
[5] Luo Qun, Seeking the Harmony of Behavior: Label Theory and Community Correction, Journal of Jilin Provincial College of Administration, No. 12, 2006.
[6] George B. Wald, Thomas J. Bernard, Jeffrey B. Snapes: Theoretical Criminology, Translated by Fang Peng, China University of Political Science and Law Press, December 1, 2005, PP. 265-266.
[7] George B. Wald, Thomas J. Bernard, Jeffrey B. Snapes: Theoretical Criminology, Translated by Fang Peng, China University of Political Science and Law Press, December 1, 2005, PP. 268.
[8] Zhou Juju: Community Correction and Intervention of Juvenile Delinquents under the Label, Industry and Technology Forum, 2019, Vol. 18, No. 13.
[9] Li Xue: On the Enlightenment of Label Theory to Community Correction, 21st Century Bridge, 2010.
[10] Liu Yi: Analysis of Juvenile Crimes under Label Theory, Course Education Research, No. 25, 2019.
[11] Dong Bangjun, Huang Qingxi, Research on Rural Community Correction under the Mode of “Internet + Virtual Community”, Journal of China Criminal Police College, No. 4, 2019.
[12] Yu Qun, The Difficulties and Countermeasures of Lawyers Participating in Social Public Governance, Chinese Lawyer, No. 11, 2018.
[13] Qiangyin: The Value Reflection of Crime Label Theory in the Vision of Criminal Law in China. Volume 21, No. 7, Henan Social Sciences, 2013.
[14] George B. Wald, Thomas J. Bernard, Jeffrey B. Snapes: Theoretical Criminology, Translated by Fang Peng, China University of Political Science and Law Press, December 1, 2005, PP. 265.
[15] Wang Weiwei, Li Xiaoyu, Wang Ling, Yin Xunbao, Cheng Guoliang, Wang Kai, Wang Yanyu, The relationship between social adaptation and the risk of recidivism of community prisoners, Psychological Monthly, No. 17, 2019.
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  • APA Style

    Chao Fan, Yuan Liu. (2019). Chinese Community Correction System and “De-labeling” - On the Jurisprudential Basis of Community Correction System from the Perspective of Label Theory. Social Sciences, 8(5), 270-274. https://doi.org/10.11648/j.ss.20190805.18

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    ACS Style

    Chao Fan; Yuan Liu. Chinese Community Correction System and “De-labeling” - On the Jurisprudential Basis of Community Correction System from the Perspective of Label Theory. Soc. Sci. 2019, 8(5), 270-274. doi: 10.11648/j.ss.20190805.18

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    AMA Style

    Chao Fan, Yuan Liu. Chinese Community Correction System and “De-labeling” - On the Jurisprudential Basis of Community Correction System from the Perspective of Label Theory. Soc Sci. 2019;8(5):270-274. doi: 10.11648/j.ss.20190805.18

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  • @article{10.11648/j.ss.20190805.18,
      author = {Chao Fan and Yuan Liu},
      title = {Chinese Community Correction System and “De-labeling” - On the Jurisprudential Basis of Community Correction System from the Perspective of Label Theory},
      journal = {Social Sciences},
      volume = {8},
      number = {5},
      pages = {270-274},
      doi = {10.11648/j.ss.20190805.18},
      url = {https://doi.org/10.11648/j.ss.20190805.18},
      eprint = {https://article.sciencepublishinggroup.com/pdf/10.11648.j.ss.20190805.18},
      abstract = {The community correction system is relatively mature in Western countries such as the UK and the USA. In recent years, it has gradually emerged in China and has been pushed from the pilot to the whole country. It has had an important impact on the transformation of the executi of punishment in China. And its development can not be separated from the strong support of label theory in criminology. The label theory cuts into the causes of crime from the interaction between the individual and the society, explains the causal relationship between the primary deviant behavior and the secondary deviant behavior, and holds that the penalty is a “label” for the perpetrator of the crime within the maximum scope of society. As a non-custodial punishment, the community correction system reflects the change of the execution mode of the penalty. Its implementation is based on the label theory. Compared with the traditional prison sentence, it has the effect of diluting the "label" and the implementation of community correction. It is the process of “de-labeling” from the community residents and the community correction objects themselves. The negative reaction of other people in the society to the deviant behavior and the change of the self-image of the perpetrator are two key links in the process of criminal label formation. Therefore, the community correction system should mainly aim at removing the prejudice of the community residents against the community correction offenders and improving the community correction offenders’ recognition of self-worth. And the community correction system should give full play to the influence of lightening the label.},
     year = {2019}
    }
    

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    AU  - Chao Fan
    AU  - Yuan Liu
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    AB  - The community correction system is relatively mature in Western countries such as the UK and the USA. In recent years, it has gradually emerged in China and has been pushed from the pilot to the whole country. It has had an important impact on the transformation of the executi of punishment in China. And its development can not be separated from the strong support of label theory in criminology. The label theory cuts into the causes of crime from the interaction between the individual and the society, explains the causal relationship between the primary deviant behavior and the secondary deviant behavior, and holds that the penalty is a “label” for the perpetrator of the crime within the maximum scope of society. As a non-custodial punishment, the community correction system reflects the change of the execution mode of the penalty. Its implementation is based on the label theory. Compared with the traditional prison sentence, it has the effect of diluting the "label" and the implementation of community correction. It is the process of “de-labeling” from the community residents and the community correction objects themselves. The negative reaction of other people in the society to the deviant behavior and the change of the self-image of the perpetrator are two key links in the process of criminal label formation. Therefore, the community correction system should mainly aim at removing the prejudice of the community residents against the community correction offenders and improving the community correction offenders’ recognition of self-worth. And the community correction system should give full play to the influence of lightening the label.
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Author Information
  • Jiangsu Luman Law Firm, Nanjing, China

  • School of Law, Nanjing Normal University, Nanjing, China

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