Where community correction personnel do need to change their place of residence due to changes in their residence, they should submit a written application one month in advance and submit the opinion to the county-level judicial administrative agency for approval after signing opinions. The county- level judicial administrative agency makes a decision after soliciting opinions from the county-level judicial administrative agency of the new place where the community corrections personnel live.
(2) If the place of residence is approved to change, the county-level judicial administrative organ shall transfer the relevant legal documents and correction files to the new-level county-level judicial administrative organ within three working days from the date of the decision . Relevant legal documents shall be copied to the county-level people s procuratorates and public security organs of the current and new residences. Community correction personnel shall report to the county-level judicial administrative organ of the new place of residence within seven days from the date of receipt of the decision.
(1) Some courts fail to serve relevant legal documents to the public security organs in accordance with regulations, allowing probationers to report to the public security organs themselves. This situation has led directly to the impunity of some probationers and a de facto deregulation.
(2) The court s approach to serving legal documents is inconsistent. Some are sent to the local public security organ that judged it, some to the public security organ where the offender s household registration is located, and some to the public security organ where the criminal resides. This chaotic service of legal documents can easily cause the public security organs in the place of residence to fail to fully grasp the situation of probationers in their jurisdictions, because according to the current regulations of the Ministry of Public Security, inspections of probationers are conducted by the local police station.
(3) Some courts serve a probation sentence for a public prosecution case to the public security organ instead of a probation sentence for a private prosecution case. This situation caused a large number of probationers in private prosecution cases to be out of sight of public security organs.
In accordance with the provisions of the Criminal Law, both probation and remission of probation should be announced to the criminals themselves, their unit or the relevant masses in their place of residence, enabling them to supervise the criminals production and life activities during the probation period. At present, the rural area has changed from the collective production in the past to a household-based joint production contract system with loose connections between the masses and less collective activities; the same is true of urban individual industrial and commercial households . When people are relatively independent in production and life, the masses are organized to declare that it is difficult to implement the relevant regulations, thus making this regulation superficial.
In accordance with the provisions of the Criminal Law, criminals sentenced to probation must report their situation during the execution period in accordance with the provisions of the enforcement agency. However, in specific operations, this provision is not implemented in an adequate manner, especially in remote areas or where the public security situation is severe. When the public security organs are under tight human and financial conditions, some enforcement agencies believe that probation offences are relatively minor and cause no harm to society Harm and neglect of management, causing the activities of the punished person to deviate from inspection and supervision.
In accordance with relevant regulations, regular evaluations should be organized for criminals on probation. Due to various conditions, it is generally not implemented carefully during the implementation process, so that the supervision of the masses cannot be carried out well.
According to the criminal law and relevant judicial interpretations, leaving the city or county where they live or relocating must be approved by the executive agency. However, in reality today, with a large population flow and convenient and fast transportation, strict implementation of this regulation has encountered many obstacles, and the activities of criminals sentenced to probation cannot be effectively monitored.