Abstract: Regardless of foreign experience,or domestic practice,it shows that social care has a good effect in reducing the rate of detention,reducing the penalty rate and help the criminals to return to the society. It is advantageous to carry out the principle of non-custody with the exception of imprisonment. From the questionnaire surveys and field researches,it is found that social care operation is not entailed in the law with no due process protection,and responsibilities of care base and government and judicial administrative organs are implicit,and the implementation has different standards. In view of the practice, in accordance with the optimization concept of "the mode of protection,the standardization of operation,the management of specialization,the main diversification",and also through innovative legislation and the progressive realization of social protection laws and regulations of the system plus the protection of the main body,the formation of a professional care team is to explore the "three-tier" care mode to ensure equal application of protective measures. It is necessary to make clear about the rights and obligations of protection base and the government,the judicial and administrative organs and ultimately realize comprehensive,professional and socialized social care.