推進社區(qū)矯正制度化的若干思考
發(fā)布時間：2019-06-22 16:40
【摘要】：社區(qū)矯正，屬于社區(qū)處遇的內容之一，是相對于傳統(tǒng)的機構式(Institutional Treatment)而言的一種新興的罪犯處遇方式。在中國大陸地區(qū)它被定義為與監(jiān)獄執(zhí)行刑罰相對應的行刑方式，具體是指國家專門機構在社會團體、民間組織和社會志愿者的協(xié)助下，針對那些由法院決定緩刑、管制、單處剝奪政治權利或允許假釋的罪犯，以及監(jiān)獄決定監(jiān)外執(zhí)行的罪犯予以矯正的刑罰執(zhí)行活動。本文試圖從刑事政策理論和刑罰理論著手，將社區(qū)矯正進行重新定位，并根據(jù)社區(qū)矯正目前實行現(xiàn)狀和條件，，主張重點突出裁判權啟動社區(qū)矯正工作的杠桿作用；克服矯正工作中的強制性公益勞動過程中存在的缺陷；理清執(zhí)行主體的權力層次以整合現(xiàn)有的司法資源和社區(qū)力量，積極擴大轉處制度的適用。并提出社區(qū)矯正的法律完善，其中包括了我國青少年司法程序非刑罰化的探索分析。 引言部分概述了社區(qū)矯正的由來、社區(qū)矯正在我國試點的情況，并由此提出目前存在的若干缺陷與不足。 第一部分，主要闡述社區(qū)矯正的基本理論問題。首先在具體分析現(xiàn)有四種代表性定義的基礎上，將“社區(qū)”界定為由一定數(shù)量的居民組成的、具有內在互動關系與文化維系力的地域性生活共同體；“矯正”界定不僅包括行刑，還可包括監(jiān)獄及其他執(zhí)行機關的管理與教育活動，不再局限通常理解下罪犯的教育改造。其次分析了社區(qū)矯正的理論根基。為了回應社會發(fā)展轉型的內在需要，刑事政策從國家本位型轉向國家—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)矯正就是一種具體體現(xiàn)。同時，社區(qū)矯正制度是有效實現(xiàn)刑罰基本功能的必然要求，蘊含刑罰從報應刑到教育刑的理念轉變，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)調的產物。 第二部分，我國社區(qū)矯正的定位。在我國現(xiàn)有法律框架下，將社區(qū)矯正定位為在社區(qū)內進行的一種刑罰執(zhí)行方式，大致介紹了現(xiàn)有工作制度體系，并主張將社區(qū)矯正制度化方向予以調整，試圖重新圈定社區(qū)矯正的適用對象。 第三部分，社區(qū)矯正實行現(xiàn)狀和條件。自社區(qū)矯正試點以來，存在著執(zhí)行主體的權力層次模糊，裁判權啟動意識不強，強制公益勞動的范圍等問題。增強社區(qū)的介入角色意識、成熟社區(qū)的建設、矯正工作者隊伍的培
[Abstract]:Community correction, which belongs to one of the contents of community encounter, is a new way of dealing with criminals compared with the traditional institutional (Institutional Treatment). In mainland China, it is defined as the execution mode corresponding to prison execution, which refers to the punishment enforcement activities of state specialized agencies, with the assistance of social organizations, civil society organizations and social volunteers, for those criminals whose sentences are suspended, controlled, individually deprived of political rights or allowed to be released on parole, as well as those whose sentences are decided by the prison to be carried out outside prison. This paper attempts to reposition community correction from the theory of criminal policy and penalty, and according to the present situation and conditions of community correction, advocates to highlight the leverage of jurisdiction to start community correction, to overcome the defects existing in the process of compulsory public welfare labor in correction work. Clarify the power level of the executive subject in order to integrate the existing judicial resources and community strength, and actively expand the application of the transfer system. It also puts forward the legal perfection of community correction, including the exploration and analysis of the decriminalization of juvenile justice procedure in our country. The introduction summarizes the origin of community correction and the pilot situation of community correction in our country, and puts forward some defects and shortcomings at present. The first part mainly expounds the basic theoretical problems of community correction. First of all, on the basis of analyzing the existing four representative definitions, the "community" is defined as a regional life community composed of a certain number of residents with internal interaction and cultural maintenance, and the definition of "correction" can include 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 correction. In order to respond to the inherent needs of social development and transformation, the criminal policy has changed from the national standard to the state-society double standard. As an important force, it is inevitable for the community to enter the national public management level, and community correction is a concrete embodiment. At the same time, the community correction system 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. The second part is the orientation of community correction in our country. Under the existing legal framework of our country, community correction is defined as a kind of penalty execution mode in the community, the existing working system is briefly introduced, and the institutionalized direction of community correction is adjusted in an attempt to redefine the applicable object of community correction. The third part, the implementation of community correction status and conditions. Since the pilot of community correction, there have been some problems, such as vague power level of executive subject, weak consciousness of starting jurisdiction, scope of compulsory public welfare labor and so on. Strengthen the awareness of the intervention role of the community, the construction of the mature community, and the cultivation of the correctional workers.
【學位授予單位】：西南政法大學
【學位級別】：碩士
【學位授予年份】：2006
【分類號】：D926.8
本文編號：2504776
[Abstract]:Community correction, which belongs to one of the contents of community encounter, is a new way of dealing with criminals compared with the traditional institutional (Institutional Treatment). In mainland China, it is defined as the execution mode corresponding to prison execution, which refers to the punishment enforcement activities of state specialized agencies, with the assistance of social organizations, civil society organizations and social volunteers, for those criminals whose sentences are suspended, controlled, individually deprived of political rights or allowed to be released on parole, as well as those whose sentences are decided by the prison to be carried out outside prison. This paper attempts to reposition community correction from the theory of criminal policy and penalty, and according to the present situation and conditions of community correction, advocates to highlight the leverage of jurisdiction to start community correction, to overcome the defects existing in the process of compulsory public welfare labor in correction work. Clarify the power level of the executive subject in order to integrate the existing judicial resources and community strength, and actively expand the application of the transfer system. It also puts forward the legal perfection of community correction, including the exploration and analysis of the decriminalization of juvenile justice procedure in our country. The introduction summarizes the origin of community correction and the pilot situation of community correction in our country, and puts forward some defects and shortcomings at present. The first part mainly expounds the basic theoretical problems of community correction. First of all, on the basis of analyzing the existing four representative definitions, the "community" is defined as a regional life community composed of a certain number of residents with internal interaction and cultural maintenance, and the definition of "correction" can include 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 correction. In order to respond to the inherent needs of social development and transformation, the criminal policy has changed from the national standard to the state-society double standard. As an important force, it is inevitable for the community to enter the national public management level, and community correction is a concrete embodiment. At the same time, the community correction system 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. The second part is the orientation of community correction in our country. Under the existing legal framework of our country, community correction is defined as a kind of penalty execution mode in the community, the existing working system is briefly introduced, and the institutionalized direction of community correction is adjusted in an attempt to redefine the applicable object of community correction. The third part, the implementation of community correction status and conditions. Since the pilot of community correction, there have been some problems, such as vague power level of executive subject, weak consciousness of starting jurisdiction, scope of compulsory public welfare labor and so on. Strengthen the awareness of the intervention role of the community, the construction of the mature community, and the cultivation of the correctional workers.
【學位授予單位】：西南政法大學
【學位級別】：碩士
【學位授予年份】：2006
【分類號】：D926.8
【引證文獻】
相關博士學位論文 前1條
1 葛磊;刑事制裁體系近現(xiàn)代史綱[D];北京大學;2007年
相關碩士學位論文 前2條
1 陳國棟;刑罰執(zhí)行中的社區(qū)矯正制度[D];華東政法大學;2008年
2 李彬彬;我國社區(qū)處遇的多維解構與探索[D];中國青年政治學院;2009年
本文編號：2504776
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