我國社區(qū)處遇的多維解構(gòu)與探索
發(fā)布時間：2019-06-15 12:33
【摘要】： 社區(qū)處遇是在世界各國刑罰社會化、刑罰人道化進程中蓬勃發(fā)展起來的,反映了世界各國刑罰制度由機構(gòu)性處遇轉(zhuǎn)向為社區(qū)處遇的發(fā)展趨勢。社區(qū)處遇在西方國家己發(fā)展得相當(dāng)完善,其理論也日臻成熟。這對我國當(dāng)前的社區(qū)矯正試點有很大的借鑒意義。近年來,在刑罰進化論的命題下,中國刑罰體系的改革成為一個熱點問題,而社區(qū)矯正制度的移植被理論界與實踐界寄予厚望,以望成為解決中國刑罰體系中諸多問題的法寶。 本文正文共分六個部分。 前言介紹了社區(qū)處遇的國內(nèi)外發(fā)展?fàn)顩r,我國社區(qū)處遇的研究現(xiàn)狀以及本文的研究目的和方法。 第一部分為社區(qū)處遇基本理論問題概述。首先,是對社區(qū)處遇的概念界定。通過理清有關(guān)社區(qū)的概念,進而闡釋社區(qū)處遇的定義。其次,在對社區(qū)處遇的概念闡釋的基礎(chǔ)上,對社區(qū)處遇相關(guān)的概念進行評析。 第二部分為社區(qū)處遇的理論基礎(chǔ)和發(fā)展背景,首先在具體分析現(xiàn)有的代表性定義的基礎(chǔ)上,將“社區(qū)”界定為由一定數(shù)量的居民組成的、具有內(nèi)在互動關(guān)系與文化維系力的地域性生活共同體;“處遇”不僅包括行刑,還可包括監(jiān)獄及其他執(zhí)行機關(guān)的管理與教育活動,不再局限通常理解下罪犯的教育改造。其次分析了社區(qū)處遇的理論根基。為了回應(yīng)社會發(fā)展轉(zhuǎn)型的內(nèi)在需要,刑事政策從國家本位型轉(zhuǎn)向國家·社會雙本位型,社區(qū)作為一種重要力量進入國家公共管理層面勢在必然,社區(qū)處遇就是一種具體體現(xiàn)。同時,社區(qū)處遇是有效實現(xiàn)刑罰基本功能的必然要求,蘊含刑罰從報應(yīng)刑到教育刑的理念轉(zhuǎn)變,也是刑罰個別化原則與罪刑均衡原則、適用刑法人人平等原則互相協(xié)調(diào)的產(chǎn)物。在對社區(qū)處遇及其相關(guān)概念、特征以及中國社區(qū)矯正的官方定義中存在的問題進行了分析。 第三部分為社區(qū)矯正實行現(xiàn)狀,包括:自社區(qū)矯正試點以來,存在著立法滯后、執(zhí)行主體的權(quán)力層次模糊、矯正對象數(shù)量少、矯正措施、缺少程序保障等問題。 第四部分是全文的重點。構(gòu)建和完善我國社區(qū)處遇工作體系的思路,認為增強社區(qū)的介入角色意識、應(yīng)用“楓橋經(jīng)驗”建設(shè)成熟的社區(qū)、培育矯正工作者隊伍都是社區(qū)矯正制度化成功的關(guān)鍵性基石。 結(jié)束語展望了社區(qū)處遇中國化發(fā)展,并提出了文章的理論意義和實踐意義。
[Abstract]:Community treatment is developed vigorously in the process of penalty socialization and humanization in the world, which reflects the development trend of penalty system from institutional encounter to community treatment in the world. Community experience has been quite perfect in western countries, and its theory is becoming more and more mature. This has great reference significance to the current community correction pilot in our country. In recent years, under the proposition of penalty evolution, the reform of Chinese penalty system has become a hot issue, and the transplantation of community correction system has been placed high hopes by the theoretical and practical circles, in order to become the magic weapon to solve many problems in China's penalty system. The main body of this paper is divided into six parts. The preface introduces the development of community experience at home and abroad, the research status of community treatment in China and the purpose and method of this paper. The first part is an overview of the basic theoretical problems encountered by the community. First of all, it is the definition of the concept of community experience. Through the clarification of the concept of community, and then explain the definition of community encounter. Secondly, on the basis of explaining the concept of community experience, this paper comments on the related concepts of community treatment. The second part is the theoretical basis and development background of community encounter. Firstly, on the basis of analyzing the existing representative definition, the "community" is defined as a regional life community composed of a certain number of residents, which has internal interaction and cultural maintenance. "handling" includes not only execution, but also the management and educational activities of prison and other executive organs, which is no longer limited to the educational transformation of criminals under the usual understanding. Secondly, it analyzes the theoretical foundation of community treatment. In order to respond to the inherent needs of social development and transformation, the criminal policy has changed from the national standard to the national social double standard. As an important force, it is inevitable for the community to enter the national public management level, and the community encounter is a concrete embodiment. At the same time, community treatment is the inevitable requirement to effectively realize the basic function of penalty, which contains the transformation of penalty from retributive punishment to educational punishment, and is also the product of coordination between the principle of individualization of penalty and the principle of balance between crime and punishment, and the principle of equality between everyone in applicable criminal law. This paper analyzes the related concepts and characteristics of community treatment and the problems existing in the official definition of community correction in China. The third part is the current situation of community correction, including: since the pilot of community correction, there are some problems, such as lagging legislation, vague power level of executive subject, small number of correction objects, corrective measures, lack of procedural guarantee and so on. The fourth part is the focus of the full text. The train of thought of constructing and perfecting the work system of community handling in our country holds that strengthening the consciousness of community intervention role, applying "Maple Bridge experience" to build mature community and cultivating correctional workers are the key cornerstone of the success of community correction institutionalization. The conclusion looks forward to the development of community treatment in China, and puts forward the theoretical and practical significance of the article.
【學(xué)位授予單位】：中國青年政治學(xué)院
【學(xué)位級別】：碩士
【學(xué)位授予年份】：2009
【分類號】：D926.8
本文編號：2500210
[Abstract]:Community treatment is developed vigorously in the process of penalty socialization and humanization in the world, which reflects the development trend of penalty system from institutional encounter to community treatment in the world. Community experience has been quite perfect in western countries, and its theory is becoming more and more mature. This has great reference significance to the current community correction pilot in our country. In recent years, under the proposition of penalty evolution, the reform of Chinese penalty system has become a hot issue, and the transplantation of community correction system has been placed high hopes by the theoretical and practical circles, in order to become the magic weapon to solve many problems in China's penalty system. The main body of this paper is divided into six parts. The preface introduces the development of community experience at home and abroad, the research status of community treatment in China and the purpose and method of this paper. The first part is an overview of the basic theoretical problems encountered by the community. First of all, it is the definition of the concept of community experience. Through the clarification of the concept of community, and then explain the definition of community encounter. Secondly, on the basis of explaining the concept of community experience, this paper comments on the related concepts of community treatment. The second part is the theoretical basis and development background of community encounter. Firstly, on the basis of analyzing the existing representative definition, the "community" is defined as a regional life community composed of a certain number of residents, which has internal interaction and cultural maintenance. "handling" includes not only execution, but also the management and educational activities of prison and other executive organs, which is no longer limited to the educational transformation of criminals under the usual understanding. Secondly, it analyzes the theoretical foundation of community treatment. In order to respond to the inherent needs of social development and transformation, the criminal policy has changed from the national standard to the national social double standard. As an important force, it is inevitable for the community to enter the national public management level, and the community encounter is a concrete embodiment. At the same time, community treatment is the inevitable requirement to effectively realize the basic function of penalty, which contains the transformation of penalty from retributive punishment to educational punishment, and is also the product of coordination between the principle of individualization of penalty and the principle of balance between crime and punishment, and the principle of equality between everyone in applicable criminal law. This paper analyzes the related concepts and characteristics of community treatment and the problems existing in the official definition of community correction in China. The third part is the current situation of community correction, including: since the pilot of community correction, there are some problems, such as lagging legislation, vague power level of executive subject, small number of correction objects, corrective measures, lack of procedural guarantee and so on. The fourth part is the focus of the full text. The train of thought of constructing and perfecting the work system of community handling in our country holds that strengthening the consciousness of community intervention role, applying "Maple Bridge experience" to build mature community and cultivating correctional workers are the key cornerstone of the success of community correction institutionalization. The conclusion looks forward to the development of community treatment in China, and puts forward the theoretical and practical significance of the article.
【學(xué)位授予單位】：中國青年政治學(xué)院
【學(xué)位級別】：碩士
【學(xué)位授予年份】：2009
【分類號】：D926.8
【引證文獻】
相關(guān)碩士學(xué)位論文 前1條
1 李翩翩;社區(qū)矯正主體研究[D];中國青年政治學(xué)院;2012年
，本文編號：2500210
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