罪犯改造的中国模式
发布时间：2018-10-30 21:01
【摘要】：世界各国都普遍存在着罪犯和犯罪现象。这两者密切相关，不可分割。目前，如何改造罪犯已经成为世界各国面临的共同课题，，它不但关系到罪犯个人的生存与生活，也关系到国家的稳定与发展。更好的改造罪犯是世界各国文明进步的要求所指，也是我国构建和谐社会、促进社会发展的内在需求。然而，罪犯改造工作并非随着犯罪现象的产生而出现，它是经济、政治、历史、文化、军事等发展到一定程度的综合产物。在漫长的罪犯改造历史中，各国结合本国国情，不断研究、不断调整，逐步形成了一些模式化的内容。考察世界各国罪犯改造模式的基本构成元素，参照我国目前已有的罪犯改造工作成果，本文将罪犯改造模式定义为：以世界环境和联合国法律规定为背景，在特定的各国国内政治、经济、文化、历史的影响下，由改造理念、改造目标、改造手段、改造内容、改造制度等基本构成元素有机组合的综合体。 本文将立足于国外罪犯改造历史以及国内国外目前对罪犯改造的研究成果，以时间和空间为线索，对国外罪犯改造工作进行深入而细致的介绍，并对罪犯改造模式进行概念界定；以横向的构成因素为要点，从改造理念、改造目标、改造手段、改造内容、改造制度等五个方面对罪犯改造模式进行框架解剖和分析；并将结合当前世界各国罪犯改造工作的实践情况和现行法律规制，首次将国外罪犯改造模式划分为以报应刑为主的罪犯改造模式和以教育刑为主的罪犯改造模式，并总结、提炼出了罪犯改造的中国模式。 新中国成立六十多年以来，中国的罪犯改造工作不断进行调整改革，不断与时俱进，形成了具有代表性的罪犯改造模式。2011年《中华人民共和国刑法修正案（八）》颁布，2012年新《刑事诉讼法修正案》在第十一届全国人民代表大会上通过并将于2013年实施。这些调整都为中国罪犯改造工作提出了新的挑战。罪犯改造模式将在人性化、社会化、手段多样化方面不断发展完善。这些也将使中国罪犯改造工作更加符合中国国情与时代精神。
[Abstract]:Criminal and criminal phenomena are widespread in all countries of the world. The two are closely related and inseparable. At present, how to reform criminals has become a common issue facing all countries in the world. It is not only related to the survival and life of criminals, but also to the stability and development of the country. Better reform of criminals is the requirement of civilization and progress of all countries in the world. It is also the internal demand of constructing a harmonious society and promoting social development in our country. However, the reform of criminals does not come into being with the emergence of criminal phenomena. It is a comprehensive product of economic, political, historical, cultural and military development to a certain extent. In the long history of criminal reform, various countries constantly studied and adjusted according to their national conditions, and gradually formed some formulaic contents. Based on the investigation of the basic elements of the rehabilitation model of criminals in various countries in the world, and referring to the existing achievements in the reform of criminals in China, this paper defines the reform model of criminals as follows: against the background of the world environment and the legal provisions of the United Nations. Under the influence of politics, economy, culture and history of certain countries, the organic combination of basic elements, such as the idea of transformation, the objective of transformation, the means of transformation, the content of transformation, the reform of system, etc. Based on the history of the reform of foreign criminals and the current research achievements on the reform of criminals at home and abroad, this paper will take time and space as a clue to introduce the reform work of foreign criminals in depth and meticulous. And define the concept of criminal reform model; This paper analyzes the reform model of criminals from five aspects: the idea of reform, the goal, the means, the content and the system. Combined with the practice of the reform of criminals in various countries in the world and the current legal regulations, the reform mode of foreign criminals is divided into two modes: one is retribution punishment and the other is education punishment, and the other is summarized. The Chinese model for reforming criminals has been refined. Since the founding of the people's Republic of China more than 60 years ago, the reform of criminals in China has been constantly undergoing readjustment and reform, and it has constantly kept pace with the times, forming a representative model for the reform of criminals. In 2011, the Criminal Law Amendment (8) of the people's Republic of China was promulgated. The new Criminal procedure Law Amendment in 2012 was adopted by the Eleventh National people's Congress and will be implemented in 2013. These adjustments have put forward new challenges for the reform of Chinese criminals. Criminal reform mode will be humanized, socialized and diversified. These will also make the reform of Chinese criminals more in line with China's national conditions and the spirit of the times.
【学位授予单位】：中国社会科学院研究生院
【学位级别】：硕士
【学位授予年份】：2012
【分类号】：D926.7
本文编号：2301173
[Abstract]:Criminal and criminal phenomena are widespread in all countries of the world. The two are closely related and inseparable. At present, how to reform criminals has become a common issue facing all countries in the world. It is not only related to the survival and life of criminals, but also to the stability and development of the country. Better reform of criminals is the requirement of civilization and progress of all countries in the world. It is also the internal demand of constructing a harmonious society and promoting social development in our country. However, the reform of criminals does not come into being with the emergence of criminal phenomena. It is a comprehensive product of economic, political, historical, cultural and military development to a certain extent. In the long history of criminal reform, various countries constantly studied and adjusted according to their national conditions, and gradually formed some formulaic contents. Based on the investigation of the basic elements of the rehabilitation model of criminals in various countries in the world, and referring to the existing achievements in the reform of criminals in China, this paper defines the reform model of criminals as follows: against the background of the world environment and the legal provisions of the United Nations. Under the influence of politics, economy, culture and history of certain countries, the organic combination of basic elements, such as the idea of transformation, the objective of transformation, the means of transformation, the content of transformation, the reform of system, etc. Based on the history of the reform of foreign criminals and the current research achievements on the reform of criminals at home and abroad, this paper will take time and space as a clue to introduce the reform work of foreign criminals in depth and meticulous. And define the concept of criminal reform model; This paper analyzes the reform model of criminals from five aspects: the idea of reform, the goal, the means, the content and the system. Combined with the practice of the reform of criminals in various countries in the world and the current legal regulations, the reform mode of foreign criminals is divided into two modes: one is retribution punishment and the other is education punishment, and the other is summarized. The Chinese model for reforming criminals has been refined. Since the founding of the people's Republic of China more than 60 years ago, the reform of criminals in China has been constantly undergoing readjustment and reform, and it has constantly kept pace with the times, forming a representative model for the reform of criminals. In 2011, the Criminal Law Amendment (8) of the people's Republic of China was promulgated. The new Criminal procedure Law Amendment in 2012 was adopted by the Eleventh National people's Congress and will be implemented in 2013. These adjustments have put forward new challenges for the reform of Chinese criminals. Criminal reform mode will be humanized, socialized and diversified. These will also make the reform of Chinese criminals more in line with China's national conditions and the spirit of the times.
【学位授予单位】：中国社会科学院研究生院
【学位级别】：硕士
【学位授予年份】：2012
【分类号】：D926.7
【参考文献】
相关期刊论文 前2条
1 李明;;国外主要社区矫正模式考察及其借鉴[J];中国司法;2008年01期
2 冀祥德;;论法学教育中国模式的初步形成[J];法学论坛;2011年05期
本文编号：2301173
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