社區(qū)矯正的矯治規(guī)程和矯治技術(shù)研究
發(fā)布時(shí)間：2018-09-08 08:57
【摘要】： 20世紀(jì)七八十年代以來,伴隨著人類文明的進(jìn)程,世界各國都在不斷地進(jìn)行刑罰制度的創(chuàng)新和改革,嘗試用最有效、最人道、最文明的方式處理犯罪和犯罪人,社區(qū)矯正就是在這樣的背景下誕生的一種新的刑罰方式。從國際社會的發(fā)展趨勢來看,刑罰制度已經(jīng)從以監(jiān)禁刑為主的階段進(jìn)入以非監(jiān)禁刑為主的階段。許多國家適用社區(qū)矯正的人數(shù)已經(jīng)大大超過監(jiān)禁人數(shù),并取得了良好的社會效益。順應(yīng)這一國際刑事司法改革的潮流,2003年7月10日,最高人民法院、最高人民檢察院、公安部和司法部聯(lián)合發(fā)布了《關(guān)于開展社區(qū)矯正試點(diǎn)工作的通知》,在我國現(xiàn)行法律框架內(nèi),在北京、上海、天津、山東、江蘇和浙江六個(gè)省市開展社區(qū)矯正的試點(diǎn)工作,這一試點(diǎn)工作對我國的刑罰觀念的轉(zhuǎn)變和刑罰制度的改革都將產(chǎn)生重大的影響。對此,學(xué)術(shù)界也相繼展開了研究,對國外社區(qū)矯正的理論和實(shí)踐進(jìn)行梳理,并對我國社區(qū)矯正的試點(diǎn)工作進(jìn)行調(diào)研,對我國社區(qū)矯正的立法和制度建設(shè)提出種種建議,為我國社區(qū)矯正的全面推行提供了切實(shí)的幫助,但是在社區(qū)矯正的具體操作規(guī)程和矯正技術(shù)方面則顯得相對薄弱。筆者認(rèn)為,社區(qū)矯正的法律、制度等規(guī)定以及這些規(guī)定的實(shí)踐效果,最終都要通過社區(qū)矯正的具體操作規(guī)程和矯正技術(shù)這一微觀層面來實(shí)現(xiàn),因此筆者嘗試對該領(lǐng)域進(jìn)行探索和研究。上海試點(diǎn)早,社區(qū)發(fā)展相對成熟,財(cái)力、物力方面條件更有保障,探索和經(jīng)驗(yàn)已經(jīng)處于全國社區(qū)矯正試點(diǎn)工作的前列,因此筆者以上海社區(qū)矯正試點(diǎn)情況作為研對象來展開對社區(qū)矯正操作規(guī)程和矯正技術(shù)的研究。筆者通過對上海試點(diǎn)社區(qū)的調(diào)查研究,以社區(qū)矯正工作人員和社區(qū)矯正工作規(guī)程兩個(gè)角度為切入點(diǎn),一方面總結(jié)了我國社區(qū)矯正試點(diǎn)中的操作規(guī)程規(guī)范化的方面,另一方面對試點(diǎn)中的不足之處進(jìn)行了分析,提出了一些建議和看法。在此基礎(chǔ)上,筆者以我國獄政管理中已經(jīng)比較成熟的分類管理制度、激勵制度、教育改造技術(shù)、心理矯正技術(shù)和勞動改造技術(shù)為參照,對社區(qū)矯正中各種矯正管理技術(shù)與矯正途徑進(jìn)行了探討;還對社區(qū)矯正本身應(yīng)具有的特殊的矯正途徑和技術(shù)——社會幫教進(jìn)行了闡述。同時(shí)提出應(yīng)通過實(shí)踐,逐步建立社區(qū)矯正質(zhì)量評估體系,并對該體系構(gòu)建的基本要素進(jìn)行初步的思考。
[Abstract]:Since the 1970s and 1980s, with the progress of human civilization, every country in the world has been innovating and reforming the penal system, trying to deal with the crime and the criminal in the most effective, humane and civilized way. Community correction is a new way of punishment born under this background. Judging from the development trend of the international community, the penalty system has changed from the stage of imprisonment to that of non-imprisonment. In many countries, the number of people using community correction has far exceeded the number of incarceration, and has achieved good social benefits. Following this trend of international criminal justice reform, on July 10, 2003, the Supreme people's Court, the Supreme people's Procuratorate, the Ministry of Public Security and the Ministry of Justice jointly issued the Circular on the pilot work of Community Correction, which is within the current legal framework of our country. In Beijing, Shanghai, Tianjin, Shandong, Jiangsu and Zhejiang provinces and cities, the pilot work of community correction will have a great impact on the transformation of penalty concept and the reform of penalty system in China. In this regard, academic circles have also carried out research, combed the theory and practice of community correction abroad, investigated the pilot work of community correction in our country, and put forward various suggestions on the legislation and system construction of community correction in our country. It provides practical help for the comprehensive implementation of community correction in our country, but it is relatively weak in the specific operation rules and correction technology of community correction. The author believes that the legal and institutional provisions of community correction and the practical effect of these provisions should be realized through the microcosmic level of the specific operation rules and correction techniques of community correction. Therefore, the author tries to explore and study this field. Shanghai pilot project is early, community development is relatively mature, financial and material conditions are more secure, exploration and experience has been in the forefront of the pilot work of community correction nationwide. Therefore, the author takes Shanghai community correction pilot as the research object to carry out the research on the operation rules and correction technology of community correction. Based on the investigation and research of Shanghai pilot community, the author takes community correction staff and community correction work rules as the breakthrough point. On the one hand, the author summarizes the aspects of standardization of operation rules in community correction pilot projects in China. On the other hand, the deficiency of the pilot project is analyzed, and some suggestions and opinions are put forward. On this basis, the author refers to the classification management system, the incentive system, the education reform technology, the psychological correction technology and the labor reform technology, which have already been mature in the prison administration of our country. This paper probes into various management techniques and ways of correction in community correction, and expounds the special correction ways and techniques of community correction itself-social help and education. At the same time, it is suggested that the community correction quality evaluation system should be established step by step through practice, and the basic elements of the system should be considered preliminarily.
【學(xué)位授予單位】：華東政法學(xué)院
【學(xué)位級別】：碩士
【學(xué)位授予年份】：2006
【分類號】：D926.8
本文編號：2230050
[Abstract]:Since the 1970s and 1980s, with the progress of human civilization, every country in the world has been innovating and reforming the penal system, trying to deal with the crime and the criminal in the most effective, humane and civilized way. Community correction is a new way of punishment born under this background. Judging from the development trend of the international community, the penalty system has changed from the stage of imprisonment to that of non-imprisonment. In many countries, the number of people using community correction has far exceeded the number of incarceration, and has achieved good social benefits. Following this trend of international criminal justice reform, on July 10, 2003, the Supreme people's Court, the Supreme people's Procuratorate, the Ministry of Public Security and the Ministry of Justice jointly issued the Circular on the pilot work of Community Correction, which is within the current legal framework of our country. In Beijing, Shanghai, Tianjin, Shandong, Jiangsu and Zhejiang provinces and cities, the pilot work of community correction will have a great impact on the transformation of penalty concept and the reform of penalty system in China. In this regard, academic circles have also carried out research, combed the theory and practice of community correction abroad, investigated the pilot work of community correction in our country, and put forward various suggestions on the legislation and system construction of community correction in our country. It provides practical help for the comprehensive implementation of community correction in our country, but it is relatively weak in the specific operation rules and correction technology of community correction. The author believes that the legal and institutional provisions of community correction and the practical effect of these provisions should be realized through the microcosmic level of the specific operation rules and correction techniques of community correction. Therefore, the author tries to explore and study this field. Shanghai pilot project is early, community development is relatively mature, financial and material conditions are more secure, exploration and experience has been in the forefront of the pilot work of community correction nationwide. Therefore, the author takes Shanghai community correction pilot as the research object to carry out the research on the operation rules and correction technology of community correction. Based on the investigation and research of Shanghai pilot community, the author takes community correction staff and community correction work rules as the breakthrough point. On the one hand, the author summarizes the aspects of standardization of operation rules in community correction pilot projects in China. On the other hand, the deficiency of the pilot project is analyzed, and some suggestions and opinions are put forward. On this basis, the author refers to the classification management system, the incentive system, the education reform technology, the psychological correction technology and the labor reform technology, which have already been mature in the prison administration of our country. This paper probes into various management techniques and ways of correction in community correction, and expounds the special correction ways and techniques of community correction itself-social help and education. At the same time, it is suggested that the community correction quality evaluation system should be established step by step through practice, and the basic elements of the system should be considered preliminarily.
【學(xué)位授予單位】：華東政法學(xué)院
【學(xué)位級別】：碩士
【學(xué)位授予年份】：2006
【分類號】：D926.8
【參考文獻(xiàn)】
相關(guān)期刊論文 前2條
1 吳宗憲;關(guān)于社區(qū)矯正若干問題思考[J];中國司法;2004年07期
2 范燕寧;社區(qū)矯正的基本理念和適用意義[J];中國青年研究;2004年11期
，本文編號：2230050
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