监狱刑罚执行工作落实宽严相济刑罚政策的研究
发布时间：2019-04-04 09:06
【摘要】： 构建社会主义和谐社会是我国新时期治国理念的重大突破。随着对“严打”刑事政策的反思,贯彻实施宽严相济刑事政策成为构建和谐社会的必然要求。通过宽严相济刑事政策的适用,既能有力打击和震慑犯罪,维护法制严肃性,又尽可能减少社会对抗,化消极因素为积极因素,实现法律效果和社会效果的统一的目的。 研究监狱机关如何在刑罚执行中落实宽严相济的刑事政策具有重大的理论和实践价值。监狱作为国家的刑罚执行机关,在执行刑罚过程中宽严相济政策执行是否到位,关系到社会秩序安定、人民团结以及和谐社会的构建;监狱在认真贯彻落实国家宽严相济刑罚政策上,负有不可推卸的责任。监狱实行宽严相济刑事政策,就是强调打击犯罪与保障人权的结合,发挥刑罚的预防犯罪功能。全面深刻地揭示监狱刑罚执行的精神实质,是监狱科学贯彻宽严相济刑罚政策的重要前提;紧紧围绕监狱刑罚执行的职能,是监狱充分发挥刑罚职能的根本保证。在此基础上,切实抓好刑罚执行管理上的具体的宽严相济的适用,才能生动体现出监狱在促进构建和谐社会上的积极努力。 本论文共分为五个部分。第一章为绪论,介绍研究背景、文献综述以及研究思路和框架;第二章对宽严相济刑事政策的历史渊源、内涵、实现环节进行阐述,并介绍了全国和天津的具体情况;第三章介绍在刑罚执行工作中落实宽严相济政策的主要途径;第四章分析在落实过程中存在的几个突出问题,并针对实际监狱刑罚执行工作中存在宽严失衡问题的原因进行深入分析与归纳;在第五章阐明了充分认识宽严相济政策的重要性和意义,在刑罚执行工作中落实这一政策的原则,最后是就如何在监狱实际工作中更好地贯彻实施这一政策提出了几点建议。
[Abstract]:The construction of socialist harmonious society is a major breakthrough in the concept of governing the country in the new period of our country. With the reflection on the criminal policy of "strike hard", carrying out the criminal policy of combining leniency with severe punishment has become the inevitable requirement of building a harmonious society. Through the application of the criminal policy of lenient and strict punishment, it can not only effectively crack down and deter crime, safeguard the seriousness of legal system, but also reduce the social confrontation as much as possible, and turn the negative factors into positive factors, so as to realize the unity of legal effect and social effect. It is of great theoretical and practical value to study how to implement the criminal policy of leniency and punishment in the execution of criminal punishment. As the execution organ of national punishment, whether the implementation of the policy of lenient and strict punishment is in place or not is related to the stability of social order, the unity of the people and the construction of a harmonious society. Prison in the implementation of the national punishment policy of leniency and severe punishment, has the responsibility that can not be shirked. The criminal policy of combining punishment with leniency in prison is to emphasize the combination of combating crime and protecting human rights, so as to play the function of crime prevention of punishment. To reveal the spiritual essence of prison penalty execution is an important prerequisite for prison to scientifically carry out the policy of combining punishment with leniency and severe punishment, and the function of prison penalty execution is the fundamental guarantee for prison to give full play to the function of punishment. On this basis, in order to vividly reflect the active efforts of the prison in promoting the construction of a harmonious society, we should pay attention to the concrete application of the combination of leniency and severity in the management of the execution of the penalty. This paper is divided into five parts. The first chapter is the introduction, which introduces the research background, literature review, research ideas and framework; the second chapter expounds the historical origin, connotation and realization of the criminal policy of combining justice with leniency, and introduces the specific situation of the whole country and Tianjin; The third chapter introduces the main ways of implementing the policy of leniency and punishment in the execution of punishment. The fourth chapter analyzes several outstanding problems in the process of implementation, and analyzes and sums up the reasons for the imbalance of leniency and strictness in the execution of the actual prison penalty. The fifth chapter clarifies the importance and significance of the policy of combining justice with leniency and punishment, and puts forward some suggestions on how to better implement the policy in prison practice.
【学位授予单位】：天津大学
【学位级别】：硕士
【学位授予年份】：2010
【分类号】：D926.8
本文编号：2453670
[Abstract]:The construction of socialist harmonious society is a major breakthrough in the concept of governing the country in the new period of our country. With the reflection on the criminal policy of "strike hard", carrying out the criminal policy of combining leniency with severe punishment has become the inevitable requirement of building a harmonious society. Through the application of the criminal policy of lenient and strict punishment, it can not only effectively crack down and deter crime, safeguard the seriousness of legal system, but also reduce the social confrontation as much as possible, and turn the negative factors into positive factors, so as to realize the unity of legal effect and social effect. It is of great theoretical and practical value to study how to implement the criminal policy of leniency and punishment in the execution of criminal punishment. As the execution organ of national punishment, whether the implementation of the policy of lenient and strict punishment is in place or not is related to the stability of social order, the unity of the people and the construction of a harmonious society. Prison in the implementation of the national punishment policy of leniency and severe punishment, has the responsibility that can not be shirked. The criminal policy of combining punishment with leniency in prison is to emphasize the combination of combating crime and protecting human rights, so as to play the function of crime prevention of punishment. To reveal the spiritual essence of prison penalty execution is an important prerequisite for prison to scientifically carry out the policy of combining punishment with leniency and severe punishment, and the function of prison penalty execution is the fundamental guarantee for prison to give full play to the function of punishment. On this basis, in order to vividly reflect the active efforts of the prison in promoting the construction of a harmonious society, we should pay attention to the concrete application of the combination of leniency and severity in the management of the execution of the penalty. This paper is divided into five parts. The first chapter is the introduction, which introduces the research background, literature review, research ideas and framework; the second chapter expounds the historical origin, connotation and realization of the criminal policy of combining justice with leniency, and introduces the specific situation of the whole country and Tianjin; The third chapter introduces the main ways of implementing the policy of leniency and punishment in the execution of punishment. The fourth chapter analyzes several outstanding problems in the process of implementation, and analyzes and sums up the reasons for the imbalance of leniency and strictness in the execution of the actual prison penalty. The fifth chapter clarifies the importance and significance of the policy of combining justice with leniency and punishment, and puts forward some suggestions on how to better implement the policy in prison practice.
【学位授予单位】：天津大学
【学位级别】：硕士
【学位授予年份】：2010
【分类号】：D926.8
【引证文献】
相关硕士学位论文 前1条
1 杨永飞;宽严相济刑事政策对刑事立法和司法的影响[D];山东建筑大学;2012年
，本文编号：2453670
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