The Community Corrections Law of the People's Republic of China, China's first law that comprehensively regulates community corrections work, was passed by the 15th Session of the Standing Committee of the 13th National People's Congress of the People's Republic of China on December 28, 2019, and officially implemented on July 1, 2020, marking a new stage of development for community corrections work
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Community Corrections Law of the People's Republic of China(Full text).
Adopted at the 15th Session of the Standing Committee of the 13th National People's Congress on December 28, 2019).
Table of Contents
Chapter I: General Provisions.
Chapter II: Institutions, Personnel, and Responsibilities.
Chapter III: Decision and Acceptance.
Chapter IV: Supervision and Management.
Chapter V: Education and Assistance.
Chapter VI Rescission and Termination.
Chapter VII: Special Provisions on Community Corrections for Minors.
Chapter VIII: Legal Responsibility.
Chapter IX: Supplementary Provisions.
Chapter I: General Provisions.
Article 1: This Law is drafted on the basis of the Constitution, so as to advance and regulate community corrections work, to ensure the correct enforcement of criminal judgments, criminal rulings, and decisions to temporarily serve their sentence outside of prison, to increase the quality of education and corrections, to promote the smooth integration of community corrections subjects into society, and to prevent and reduce crime.
Article 2: Community corrections are to be carried out in accordance with law for convicts sentenced to controlled release, suspended sentences, parole, or temporarily serving their sentence outside of prison.
This Law applies to activities such as oversight and management, education, and support of community corrections subjects.
Article 3: Community corrections work is to persist in combining oversight and management with education and support, and combining specialized organs with social forces, employing categorical management and individualized corrections, to specifically eliminate factors that might lead to recidivism among community corrections subjects, and to help them become law-abiding citizens.
Article 4: Community corrections subjects shall accept community corrections in accordance with law, and obey oversight and management.
Community corrections work shall be conducted in accordance with law, respecting and protecting human rights. Community corrections subjects' lawful enjoyment of their personal rights, property rights, and other rights are not to be violated, and they are not to be discriminated against in areas such as employment, schooling, and enjoyment of social security.
Article 5: The state supports community corrections establishments in increasing the level of informatization, using modern information technology to carry out oversight, management, and education and support. Information sharing is to be conducted between relevant departments for community corrections work in accordance with law.
Article 6: All levels of people** shall include community corrections funds in the budget for that level**.
Funds needed by residents' committees, villagers' committees, and other social organizations to assist community corrections establishments in carrying out their work in accordance with law shall be included in the community corrections establishments' budget at that level** in accordance with provisions.
Article 7: Organizations and individuals that have made outstanding contributions to community corrections work are to be given commendations and awards in accordance with relevant state provisions.
Chapter II: Institutions, Personnel, and Responsibilities.
Article 8: **The judicial administrative departments are in charge of community corrections work nationwide. The local people's ** judicial administrative departments at the county level or above are in charge of community corrections work within that administrative region.
People's courts, people's procuratorates, public security organs, and other relevant departments are to complete community corrections work in accordance with law in accordance with their respective duties. People's procuratorates are to carry out legal oversight of community corrections work in accordance with law.
Local people** are to establish community corrections committees as needed, responsible for the overall planning, coordination, and guidance of community corrections efforts within that administrative region.
Article 9: Local people** at the county level or above are to set up community corrections establishments as needed, responsible for the specific implementation of community corrections work. The establishment and revocation of community corrections establishments are to be reviewed and approved by the local people's judicial administrative departments at the county level or above, in accordance with the scope of authority and procedures provided.
On the basis of the entrustment of the community corrections establishment, the judicial office is to undertake work related to community corrections.
Article 10: Community corrections establishments shall appoint specialized state staff with specialized legal and other professional knowledge (hereinafter "community corrections establishment staff") to perform law enforcement duties such as oversight and management, education, and support.
Article 11: As needed, community corrections establishments are to organize social workers with professional knowledge or practical experience in law, education, psychology, social work, and so forth to carry out work related to community corrections.
Article 12: Residents' committees and villagers' committees are to assist community corrections establishments in completing community corrections work in accordance with law.
The guardians and family members of community corrections subjects, their units or schools shall assist the community corrections establishments in completing community corrections work.
Article 13: The state encourages and supports enterprises, public institutions, social organizations, volunteers, and other social forces to participate in community corrections work in accordance with law.
Article 14: Community corrections establishment staff shall strictly abide by the Constitution and laws, be loyal to their duties, strictly abide by discipline, and be honest and clean.
Article 15: The staff of community corrections establishments and other persons participating in community corrections work carry out community corrections work in accordance with law, and are protected by law.
Article 16: The state is to advance the establishment of high-quality community corrections work teams. Community corrections establishments shall strengthen management, oversight, training, and professional safeguards for community corrections staff, and continuously increase the level of standardization and specialization of community corrections work.
Chapter III: Decision and Acceptance.
Article 17: When community corrections decision-making organs give a sentence of controlled release, announce a suspended sentence, rule on parole, or decide or approve temporary service of sentence outside of prison, they shall determine the place of community corrections enforcement.
The place of enforcement of community corrections is the residence of the community corrections subject. Where community corrections subjects reside in more than one place, their habitual residence may be determined to be the place of enforcement.
Where the place of residence or habitual residence of community corrections subjects cannot be determined or it is not suitable to enforce community corrections, the community corrections decision-making organs shall determine the place of enforcement on the basis of the principle of conducive to community corrections subjects receiving corrections and better integration into society.
"Community corrections decision-making organs" as used in this Law refers to people's courts that lawfully sentence them to controlled release, announce a suspended sentence, rule on parole, or decide to temporarily serve their sentence outside of prison, as well as prison management organs and public security organs that lawfully approve temporary service of sentence outside of prison.
Article 18: As needed, community corrections decision-making organs may entrust community corrections establishments or relevant social organizations to conduct an investigation and assessment of the defendant's or convict's danger to society and impact on the community in which they reside, and submit opinions for consideration when making community corrections decisions. Residents' committees, villagers' committees, and other organizations shall provide necessary assistance.
Article 19: Community corrections decision-making organs sentencing controlled release, announcing a suspended sentence, ruling on parole, or making or approving a decision to temporarily serve their sentence outside of prison shall follow the requirements and procedures provided by the Criminal Law, Criminal Procedure Law, and other laws.
The community corrections decision-making organs shall educate community corrections subjects, inform them of the provisions they shall comply with during the period of community corrections and the legal consequences of violating them, and order them to report for duty on time.
Article 20: The community corrections decision-making organ shall notify the community corrections establishment for the place of enforcement within 5 days of the judgment, ruling, or decision taking effect, and deliver the relevant legal documents within 10 days, and concurrently send a copy to the people's procuratorate and the public security organ for the place of enforcement. Where the place of community corrections decision and the place of enforcement are not in the same place, the community corrections establishment for the place of enforcement is to transfer the legal documents to the people's procuratorate or public security organ for that location.
Article 21: Community corrections subjects who are sentenced to controlled release, given a suspended sentence, or given parole by people's courts shall report to the community corrections establishment for the place of enforcement within 10 days of the judgment or ruling taking effect.
Where the people's courts decide to temporarily serve their sentence outside of prison, the detention center or the public security organ enforcing release on guarantee pending further investigation or residential surveillance is to transfer the community corrections subject to the community corrections establishment within 10 days of receiving the decision.
Where prison management organs or public security organs approve community corrections subjects temporarily serving their sentence outside of prison, the prison or detention center is to transfer the community corrections subjects to the community corrections establishment within 10 days of receiving the approval decision.
Article 22: Community corrections establishments shall accept community corrections subjects in accordance with law, check legal documents, verify identities, handle registration for acceptance, establish archives, and announce the facts of the community corrections subjects' crimes, the period for enforcing community corrections, and the provisions that shall be followed.
Chapter IV: Supervision and Management.
Article 23: During the period of community corrections, community corrections subjects shall comply with laws and administrative regulations, perform the obligations set forth in legal documents such as judgments, rulings, and decisions to temporarily enforce their sentence outside of prison, comply with the provisions of the judicial administrative departments on oversight and management such as on reporting, meeting guests, going out, relocating, and being released on medical parole, and obey the management of community corrections establishments.
Article 24: Community corrections establishments shall draft targeted corrections plans based on the content of the judgment and the community corrections subjects' gender, age, psychological characteristics, health status, reasons for the crime, type of crime, circumstances of the crime, expressions of remorse, and so forth, to bring about categorical management and individualized corrections. The corrections plan shall be adjusted accordingly based on the performance of community corrections subjects.
Article 25: Based on the circumstances of community corrections subjects, community corrections establishments shall designate corrections teams for them, and be responsible for implementing the corresponding corrections plan.
As needed, corrections teams may be composed of personnel from judicial offices, residents' committees, and villagers' committees, community corrections subjects' guardians and family members, personnel from their units or schools, as well as social workers and volunteers. Where community corrections subjects are female, there should be female members in the corrections team.
Article 26: Community corrections establishments shall learn about and grasp the activities and behavioral performance of community corrections subjects. Community corrections establishments may verify relevant circumstances through methods such as communication and contact, information verification, and on-site visits, and relevant units and individuals shall cooperate.
When community corrections establishments carry out on-site inspections and other such work, they shall protect community corrections subjects' identity information and personal privacy.
Article 27: Community corrections subjects leaving the city or county where they reside or relocating shall be reported to the community corrections establishments for approval. Community corrections establishments shall approve those where there is a legitimate reason;For those who need to regularly cross cities and counties due to normal work and life, the approval procedures and methods may be simplified according to the circumstances.
Where it is necessary to change the place of enforcement due to reasons such as the relocation of community corrections subjects, the community corrections establishments shall make a decision to change it in accordance with relevant provisions. After community corrections establishments make a decision to make a change, they shall notify the community corrections decision-making organ and the changed community corrections establishment, and send a copy of the relevant legal documents to the modified community corrections establishment. After the change, the community corrections establishments shall transfer the legal documents to the people's procuratorate or public security organ for the area where they are located.
Article 28: Based on the performance of community corrections subjects, community corrections establishments are to carry out evaluations, rewards, and punishments in accordance with relevant provisions. Where community corrections subjects admit guilt and repentance, comply with laws and regulations, obey oversight and management, or have outstanding performance in receiving education, they shall be given a commendation. Where community corrections subjects violate laws, regulations, or oversight and management provisions, they shall be given a reprimand or warning in accordance with law, and a request shall be made for public security administrative punishments by the public security organs, or a request shall be made in accordance with law to revoke a suspended sentence, revoke parole, or return to prison for temporary service of sentence outside of prison.
The results of community corrections subjects' evaluations may be the basis for determining whether they have truly shown repentance and reform, or whether they have seriously violated oversight and management provisions.
Article 29: In any of the following circumstances, community corrections subjects may use electronic positioning devices to strengthen oversight and management with the approval of the responsible person for the county-level judicial administrative department:
1) Violating a people's court's injunction;
2) Leaving the city or county of residence without a legitimate reason or approval;
3) Refusing to report their activities in accordance with regulations, and being given a warning;
4) Violating supervision and management regulations and being given a public security administrative sanction;
5) Where it is proposed to revoke a suspended sentence or parole, or to temporarily serve a sentence outside of prison, or to return them to prison for enforcement.
The period for the use of electronic positioning devices as provided for in the preceding paragraph must not exceed three months. If it is not necessary to continue to use it, it shall be removed in a timely manner;Where it is still necessary to continue using it after the expiration of the period, the period may be extended upon approval, and shall not exceed three months at a time.
Community corrections establishments shall strictly preserve the confidentiality of information obtained through electronic positioning devices, and the relevant information may only be used for community corrections work, and must not be used for other purposes.
Article 30: Where community corrections subjects lose contact, the community corrections establishments shall immediately organize a search, and the public security organs and other relevant units and personnel shall cooperate and assist. After community corrections subjects are found, they shall be disposed of in accordance with law in accordance with the circumstances.
Article 31: Where community corrections establishments discover that community corrections subjects are carrying out conduct that violates oversight and management provisions, or violates people's courts' injunctions, or other illegal conduct, they shall immediately stop it;and where the stop is ineffective, the public security organs shall be immediately notified to appear at the scene to handle it.
Article 32: Where community corrections subjects have circumstances restricting their physical liberty such as being detained in accordance with law, forcibly isolated for drug rehabilitation, or employing criminal compulsory measures, the relevant organs shall promptly notify the community corrections establishments.
Article 33: Where community corrections subjects meet the requirements for commutation as provided for in the Criminal Law, the community corrections establishments shall submit a commutation recommendation to the people's court at the intermediate level or above for the place where the community corrections is being enforced, and send a copy of the commutation recommendation to the people's procuratorate at the same level.
The people's court shall make a ruling within 30 days of receiving the community corrections establishment's written recommendation for commutation, and send the written ruling to the community corrections establishment, and concurrently send a copy to the people's procuratorate and public security organs.
Article 34: The lawful rights and interests of community corrections subjects shall be safeguarded in carrying out community corrections work. Measures and methods of community corrections shall avoid causing unnecessary impact on the normal work and life of community corrections subjects;Except in accordance with legal provisions, the physical liberty of community corrections subjects must not be restricted or indirectly restricted.
Where community corrections subjects feel that their lawful rights and interests have been violated, they have the right to make appeals, accusations, and reports to the people's procuratorate or relevant organs. The accepting organ shall promptly handle it and inform the appellant, accuser, and informant of the outcome.
Chapter V: Education and Assistance.
Article 35: Local people** at the county level or above and their relevant departments shall use various forms to provide necessary venues and conditions for education and assistance to community corrections subjects, and organize and mobilize social forces to participate in education and support efforts.
Relevant people's organizations shall assist community corrections establishments in completing education and support efforts in accordance with law.
Article 36: As needed, community corrections establishments are to conduct education on the rule of law and ethics for community corrections subjects, strengthening their concept of the rule of law, and increasing their moral quality and sense of repentance.
The education of community corrections subjects shall be based on their individual characteristics, daily performance, and other actual circumstances, fully considering their work and living conditions, and teaching them individually.
Article 37: Community corrections establishments may coordinate with relevant departments and units to lawfully carry out vocational skills training and employment guidance for community corrections subjects who have difficulty finding employment, and help students in school who are community corrections subjects complete their studies.
Article 38: Residents' committees and villagers' committees may guide volunteers and the community to use community resources and employ various forms to carry out necessary education and assistance for community corrections subjects with special difficulties.
Article 39: Community corrections subjects' guardians and family members, their units, or schools shall assist community corrections establishments in completing the education of community corrections subjects.
Article 40: Community corrections establishments may openly purchase community corrections social work services or other social services on merit, to provide necessary assistance to community corrections subjects in areas such as education, psychological counseling, vocational skills training, and improvement of social relationships.
Community corrections establishments may also carry out the assistance activities described above through methods such as entrusting social organizations through projects. The State encourages social organizations with experience and resources to carry out cross-regional assistance, exchanges, and demonstration activities.
Article 41: The state encourages enterprises, public institutions, and social organizations to provide community corrections subjects with jobs and vocational skills training. Enterprises that recruit qualified community corrections subjects are to enjoy preferential state policies in accordance with provisions.
Article 42: Community corrections establishments may organize community corrections subjects' participation in public interest activities, restore social relationships, and cultivate a sense of social responsibility on the basis of their personal strengths.
Article 43: Community corrections subjects may apply for social assistance, participate in social insurance, or receive legal aid in accordance with relevant state provisions, and community corrections establishments shall give necessary assistance.
Chapter VI Rescission and Termination.
Article 44: Where the period for community corrections subjects is completed or they are pardoned, the community corrections establishments shall issue a certificate of release from community corrections to the community corrections subjects, and notify the community corrections decision-making organ, the local people's procuratorate, and public security organs.
Article 45: Where a community corrections subject is ruled to have a suspended sentence or parole revoked, a decision is made to return them to prison for enforcement, or the community corrections subject dies, community corrections is terminated.
Article 46: Where community corrections subjects have circumstances for revoking a suspended sentence or parole as provided for in the Criminal Law, the people's court shall revoke the suspended sentence or parole.
Where a new crime is committed during the probationary period, or where it is discovered that there are other crimes that have not been adjudicated before the verdict is announced, the people's court hearing the case shall revoke the suspended sentence or parole, and notify the original people's court and the community corrections establishment for the place of enforcement in writing.
Where there are other circumstances other than those provided for in the second paragraph that require the revocation of a suspended sentence or parole, the community corrections establishments shall submit a recommendation to the original people's court or the people's court for the place of enforcement to revoke the suspended sentence or parole, and send a copy of the recommendation to the people's procuratorate. When community corrections establishments submit a recommendation to revoke a suspended sentence or parole, they shall explain the reasons and provide relevant evidentiary materials.
Article 47: Where community corrections subjects who have been submitted for revocation of suspended sentences or parole might flee or might become a danger to society, the community corrections establishments may, at the same time as submitting a recommendation to revoke the suspended sentence or parole, request that the people's courts make a decision to arrest them.
The people's court shall make a decision on whether to arrest within 48 hours. Where an arrest decision is made, the public security organs are to enforce it. The period of detention after arrest must not exceed 30 days.
Article 48: People's courts shall make a ruling within 30 days of receiving a community corrections establishment's recommendation to revoke a suspended sentence or parole, and send the written ruling to the community corrections establishments and public security organs, and send a copy to the people's procuratorate.
Where people's courts intend to revoke suspended sentences or parole, they shall hear the community corrections subject's defenses and the opinions of the lawyer they retained.
Where people's courts rule to revoke suspended sentences or parole, the public security organs shall promptly send community corrections subjects to a prison or detention center for enforcement. Where they were arrested before enforcement, the sentence is to be reduced by one day for each day of detention.
Where people's courts rule not to revoke suspended sentences or parole, the public security organs shall immediately release the arrested community corrections subjects.
Article 49: Where community corrections subjects temporarily serving their sentence outside of prison have the circumstances provided for in the Criminal Procedure Law that they shall be taken into custody, the community corrections establishments shall submit a recommendation for return to prison for enforcement to the place of enforcement or the original community corrections decision-making organ, and send a copy of the recommendation to the people's procuratorate.
The community corrections decision-making organ shall make a decision within 30 days of receiving the written recommendation, send the written decision to the community corrections establishment and public security organs, and send a copy to the people's procuratorate.
Where people's courts and public security organs decide to take community corrections subjects temporarily serving their sentence outside of prison to prison for enforcement, the public security organs are to immediately send the community corrections subjects to a prison or detention center for enforcement.
Where prison management organs decide to take community corrections subjects temporarily serving their sentence outside of prison to prison for enforcement, the prison shall immediately take the community corrections subjects into custody for enforcement.
Article 50: Where community corrections subjects who have been ruled to have their suspended sentences or parole revoked or who have been decided to return to prison for enforcement escape, the public security organs are to pursue them, and the community corrections establishments, relevant units, and individuals are to assist.
Article 51: Where community corrections subjects die during the period of community corrections, their guardians and family members shall promptly report to the community corrections establishments. Community corrections establishments shall promptly notify the community corrections decision-making organ, the local people's procuratorate, and public security organs.
Chapter VII: Special Provisions on Community Corrections for Minors.
Article 52: Community corrections establishments shall employ targeted corrective measures based on circumstances such as the juvenile community corrections subjects' age, psychological characteristics, developmental needs, upbringing, reasons for committing crimes, and family guardianship and education conditions.
Community corrections establishments designating corrections groups for juvenile community corrections subjects shall recruit persons familiar with the physical and psychological characteristics of minors to participate.
Community corrections for minors shall be conducted separately from adults.
Article 53: The guardians of juvenile community corrections subjects shall perform guardianship responsibilities and bear obligations such as for support and discipline.
Where guardians are negligent in performing guardianship duties, community corrections establishments shall urge and educate them to perform guardianship responsibilities. Where guardians refuse to perform guardianship duties, notify the relevant departments to make a disposition in accordance with law.
Article 54: The staff of community corrections establishments and other persons lawfully participating in community corrections work shall preserve the confidentiality of minors' identity information obtained in the course of performing their duties.
Except as needed by judicial organs to handle cases or as inquired into by relevant units in accordance with state provisions, juvenile community corrections subjects' archive information must not be provided to any unit or individual. Units conducting inquiries in accordance with law shall keep the information they obtain confidential.
Article 55: For juvenile community corrections subjects who have not completed compulsory education, community corrections establishments shall notify and cooperate with the education departments to provide conditions for them to complete compulsory education. The guardians of juvenile community corrections subjects shall ensure that they enroll in school on time, receive and complete compulsory education, in accordance with law.
Where community corrections subjects who are 16 years of age or older are willing to work, community corrections establishments may coordinate with relevant departments and units to provide them with vocational skills training, and give them employment guidance and assistance.
Article 56: Communist Youth Leagues, women's federations, and organizations for the protection of minors shall assist community corrections establishments in completing community corrections work for minors in accordance with law.
The state encourages other social organizations related to minors to participate in community corrections efforts for minors, and gives policy support in accordance with law.
Article 57: Juvenile community corrections subjects enjoy the same rights as other minors in areas such as resuming school, advancing to higher education, and employment, and must not be discriminated against by any unit or individual. Where there is discriminatory conduct, the departments for education, human resources, and social security shall handle it in accordance with law.
Article 58: Where juvenile community corrections subjects reach the age of 18 during the period of community corrections, continue to follow the relevant provisions on community corrections for minors.
Chapter VIII: Legal Responsibility.
Chapter VIII: Legal Responsibility.
Article 59: Where community corrections subjects have conduct that violates oversight and management provisions during the period of community corrections, the public security organs are to give punishments in accordance with the provisions of the "People's Republic of China Law on Public Security Administration Punishments";Where there are circumstances of revocation of suspended sentence, parole, or temporary service of sentence outside of prison, a disposition shall be made in accordance with law.
Article 60: Where community corrections subjects beat, threaten, insult, harass, or retaliate against community corrections establishment staff and other persons lawfully participating in community corrections work, or their close relatives, and a crime is constituted, criminal responsibility is pursued in accordance with law;where a crime is not constituted, the public security organs are to give public security administrative sanctions in accordance with law.
Article 61: Where community corrections establishment staff and other state employees exhibit any of the following conduct, they shall be given sanctions;where a crime is constituted, criminal responsibility is pursued in accordance with law
1) Taking advantage of one's position or work to solicit or accept bribes;
2) Failure to perform statutory duties;
3) Corporal punishment or abuse of community corrections subjects, or violating legal provisions to restrict or indirectly restrict community corrections subjects' physical freedom;
4) Divulging community corrections work secrets or other information that shall be kept confidential in accordance with law;
5) Retaliating against community corrections subjects who make appeals, accusations, or reports in accordance with law;
6) There are other violations of discipline or law.
Article 62: Where people's procuratorates discover that community corrections work violates legal provisions, they shall submit a corrective opinion or procuratorial recommendation in accordance with law. Relevant units shall give a written reply to the people's procuratorate on the adoption of the corrective opinion or procuratorial recommendation, and where they do not adopt it, they shall explain the reasons.
Chapter IX: Supplementary Provisions.
Chapter IX: Supplementary Provisions.
Article 63: This Law takes effect on July 1, 2020. **Fa Bless Datong.