我国社区处遇的多维解构与探索
发布时间：2019-06-15 12:33
【摘要】： 社区处遇是在世界各国刑罚社会化、刑罚人道化进程中蓬勃发展起来的,反映了世界各国刑罚制度由机构性处遇转向为社区处遇的发展趋势。社区处遇在西方国家己发展得相当完善,其理论也日臻成熟。这对我国当前的社区矫正试点有很大的借鉴意义。近年来,在刑罚进化论的命题下,中国刑罚体系的改革成为一个热点问题,而社区矫正制度的移植被理论界与实践界寄予厚望,以望成为解决中国刑罚体系中诸多问题的法宝。 本文正文共分六个部分。 前言介绍了社区处遇的国内外发展状况,我国社区处遇的研究现状以及本文的研究目的和方法。 第一部分为社区处遇基本理论问题概述。首先,是对社区处遇的概念界定。通过理清有关社区的概念,进而阐释社区处遇的定义。其次,在对社区处遇的概念阐释的基础上,对社区处遇相关的概念进行评析。 第二部分为社区处遇的理论基础和发展背景,首先在具体分析现有的代表性定义的基础上,将“社区”界定为由一定数量的居民组成的、具有内在互动关系与文化维系力的地域性生活共同体;“处遇”不仅包括行刑,还可包括监狱及其他执行机关的管理与教育活动,不再局限通常理解下罪犯的教育改造。其次分析了社区处遇的理论根基。为了回应社会发展转型的内在需要,刑事政策从国家本位型转向国家·社会双本位型,社区作为一种重要力量进入国家公共管理层面势在必然,社区处遇就是一种具体体现。同时,社区处遇是有效实现刑罚基本功能的必然要求,蕴含刑罚从报应刑到教育刑的理念转变,也是刑罚个别化原则与罪刑均衡原则、适用刑法人人平等原则互相协调的产物。在对社区处遇及其相关概念、特征以及中国社区矫正的官方定义中存在的问题进行了分析。 第三部分为社区矫正实行现状,包括:自社区矫正试点以来,存在着立法滞后、执行主体的权力层次模糊、矫正对象数量少、矫正措施、缺少程序保障等问题。 第四部分是全文的重点。构建和完善我国社区处遇工作体系的思路,认为增强社区的介入角色意识、应用“枫桥经验”建设成熟的社区、培育矫正工作者队伍都是社区矫正制度化成功的关键性基石。 结束语展望了社区处遇中国化发展,并提出了文章的理论意义和实践意义。
[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.
【学位授予单位】：中国青年政治学院
【学位级别】：硕士
【学位授予年份】：2009
【分类号】：D926.8
本文编号：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.
【学位授予单位】：中国青年政治学院
【学位级别】：硕士
【学位授予年份】：2009
【分类号】：D926.8
【引证文献】
相关硕士学位论文 前1条
1 李翩翩;社区矫正主体研究[D];中国青年政治学院;2012年
，本文编号：2500210
本文链接：https://www.wllwen.com/falvlunwen/fanzuizhian/2500210.html
