我国艾滋病犯罪人员的惩罚与矫正
发布时间：2018-08-24 10:25
【摘要】：我国艾滋病犯罪人员具有犯罪有恃无恐、犯罪后果严重、人格心理扭曲、仇视报复社会、依赖犯罪收入、社会关系和家庭关系紧张的特征。艾滋病犯罪人员具有社会危害性,同时又属于社会弱势群体。惩罚艾滋病犯罪人员方面存在刑罚执行难等问题,所以在惩治艾滋病犯罪人员的过程中,可以通过限制对该特殊群体适用暂予监外执行、完善关押场所的各种设施、提高司法机关工作人员防护能力的措施,切实将艾滋病犯罪人员关押或收监,落实对此类犯罪主体的惩罚,形成对此类犯罪的威慑力,以避免他们在理性选择下实施犯罪,维护法律的尊严。此外,我国在矫正艾滋病犯罪人员方面也存在矫正部门单一、矫正环节单一、未重视艾滋病犯罪人员亲属的矫正作用等问题,可以通过设立艾滋病患者关爱中心和完善各种犯罪矫正措施,提高犯罪矫正效果,消除他们出狱后的紧张状态和紧张情绪,解决艾滋病犯罪人员再犯罪率高的问题。一方面要对艾滋病犯罪人员的犯罪行为加以严格惩罚,另一方面要根据艾滋病犯罪人员的社会弱势性进行有针对性的矫正和保护,并认定对艾滋病犯罪人员的惩罚和矫正具有统一性关系。只有同等重视惩罚和矫正,使惩罚和矫正相互配合形成合力,才能根治此类犯罪问题。
[Abstract]:AIDS criminals in China have the characteristics of bullying, serious consequences, distorted personality, hate to retaliate society, dependent on crime income, social relations and family relations. AIDS criminals have social harm, but also belong to the social vulnerable groups. There are some problems in punishing AIDS criminals, such as the difficulty of enforcing punishment. So in the process of punishing AIDS criminals, we can improve the facilities in places of detention by restricting the application of temporary execution to this special group. Measures to improve the protective capacity of judicial staff, to effectively detain or detain AIDS criminals, to implement penalties on the subject of such crimes, and to form a deterrent against such crimes, so as to prevent them from committing crimes at their rational choice. Uphold the dignity of the law. In addition, there are also problems in correcting AIDS criminals in China, such as a single correction department, a single correction link, and a lack of attention to the corrective role of the relatives of AIDS criminals. We can set up care center for AIDS patients and perfect all kinds of crime correction measures, improve the effect of crime correction, eliminate the tension and tension after they get out of prison, and solve the problem of high crime rate of AIDS criminals. On the one hand, it is necessary to strictly punish the criminal acts of AIDS criminals, and on the other hand, it is necessary to carry out targeted correction and protection according to the social vulnerability of AIDS criminals. And that the punishment and correction of AIDS offenders have a unified relationship. Only if we attach equal importance to punishment and correction, and make punishment and correction cooperate and form a joint force, can we cure this kind of crime.
【学位授予单位】：中南大学
【学位级别】：硕士
【学位授予年份】：2012
【分类号】：D926.7
[Abstract]:AIDS criminals in China have the characteristics of bullying, serious consequences, distorted personality, hate to retaliate society, dependent on crime income, social relations and family relations. AIDS criminals have social harm, but also belong to the social vulnerable groups. There are some problems in punishing AIDS criminals, such as the difficulty of enforcing punishment. So in the process of punishing AIDS criminals, we can improve the facilities in places of detention by restricting the application of temporary execution to this special group. Measures to improve the protective capacity of judicial staff, to effectively detain or detain AIDS criminals, to implement penalties on the subject of such crimes, and to form a deterrent against such crimes, so as to prevent them from committing crimes at their rational choice. Uphold the dignity of the law. In addition, there are also problems in correcting AIDS criminals in China, such as a single correction department, a single correction link, and a lack of attention to the corrective role of the relatives of AIDS criminals. We can set up care center for AIDS patients and perfect all kinds of crime correction measures, improve the effect of crime correction, eliminate the tension and tension after they get out of prison, and solve the problem of high crime rate of AIDS criminals. On the one hand, it is necessary to strictly punish the criminal acts of AIDS criminals, and on the other hand, it is necessary to carry out targeted correction and protection according to the social vulnerability of AIDS criminals. And that the punishment and correction of AIDS offenders have a unified relationship. Only if we attach equal importance to punishment and correction, and make punishment and correction cooperate and form a joint force, can we cure this kind of crime.
【学位授予单位】：中南大学
【学位级别】：硕士
【学位授予年份】：2012
【分类号】：D926.7
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