论监狱刑罚执行—减刑假释制度的改革与完善
发布时间：2018-11-20 04:22
【摘要】：监狱的刑罚执行工作是广义刑事诉讼的最后一个环节,其重要性不但体现在它是大部分刑事案件的必经程序,还在于它是实现刑罚惩罚、教育改造功能、达成刑罚目的的关键。刑罚执行是否合理、到位,直接关系到刑事诉讼程序是否完整,惩罚犯罪、保护人民群众人身和财产安全的宗旨能否实现。 监狱是我国的刑罚执行机关,被判处死刑缓期二年执行、无期徒刑、有期徒刑的罪犯,都要在监狱内执行刑罚。监狱对罪犯的刑罚适用是否合法、正确意义重大。罪犯在监狱中接受教育并进行劳动改造,使罪犯彻底认罪悔罪、改过自新。因此,刑罚执行工作是否合理、合法,不仅影响罪犯在监狱内改造的积极性,而且对保障人权、实现刑罚功能、促进社会稳定发展都具有十分重要的意义。然而,我国的刑罚执行工作在实际运用中仍然存在一定的问题,本文主要是笔者对减刑、假释制度在实践中存在的问题进行分析,并结合自身工作经验对相关问题提出一些建议,从而完善我国的减刑假释制度。 本文首先介绍了刑罚执行的相关理论问题,笔者通过走访调查了天津市部分监狱刑罚执行的现状,收集了相关资料,总结出监狱刑罚执行中存在的问题。其次,我国减刑制度存在的问题是：减刑预防效果的缺失,减刑再社会化效果的缺失,减刑功能定位不全。针对存在的问题笔者建议减刑制度应在以下几方面改进：.预防功能要体现在减刑制度中,设立减刑考验期,评估标准要更加科学具有可操作性。再次本文论述了假释制度,假释的界定,假释的条件,假释制度存在的问题,针对存在的问题提出了一些建议。我国的假释制度主要存在以下问题：假释的实质条件的规定不具体、不明确,假释评估体系不健全,社区矫正制度存在一定问题。笔者建议应在以下方面进行改进：健全假释制度的实质条件,完善假释评估体系,社区矫正制度应进一步完善。
[Abstract]:The execution of prison penalty is the last link of the broad criminal procedure. Its importance is not only the necessary procedure of most criminal cases, but also the key to realize the penalty punishment, the function of education and reform, and to achieve the purpose of penalty. Whether the execution of penalty is reasonable or not is directly related to whether the criminal procedure is complete or not, whether the purpose of punishing crime and protecting the safety of the people's person and property can be realized. The prison is our country's penalty execution organ, the sentence of death is suspended for two years, the life imprisonment, the fixed-term imprisonment criminal, all must carry out the punishment in the prison. It is of great significance to correctly apply the criminal penalty in prison. Prisoners are educated and reeducated in prison to make them repent and rehabilitate. Therefore, whether the execution of punishment is reasonable and lawful not only affects the enthusiasm of criminals in prison reform, but also plays an important role in protecting human rights, realizing penalty function and promoting the stable development of society. However, there are still some problems in the practice of penalty execution in our country. This paper mainly analyzes the problems existing in the practice of commutation and parole system. In order to perfect the commutation and parole system of our country, some suggestions are put forward based on our own working experience. This paper first introduces the relevant theoretical issues of penalty execution. The author investigates the present situation of penalty execution in some prisons in Tianjin, collects relevant information, and summarizes the problems existing in the execution of prison penalty. Secondly, the problems existing in the commutation system are: the absence of the preventive effect of commutation, the absence of the socialized effect of commutation, and the imperfection of the function of commutation. In view of the existing problems, the author suggests that the commutation system should be improved in the following aspects:. The function of prevention should be embodied in the commutation system, the trial period of commutation should be established, and the evaluation standard should be more scientific and operable. Thirdly, this paper discusses the parole system, the definition of parole, the conditions of parole, the problems of parole system, and puts forward some suggestions for the existing problems. The parole system of our country has the following problems: the provisions of the essential conditions of parole are not specific, not clear, parole evaluation system is not perfect, and there are certain problems in the community correction system. The author suggests that improvement should be made in the following aspects: perfecting the essential conditions of parole system, perfecting the parole evaluation system, and further perfecting the community correction system.
【学位授予单位】：天津师范大学
【学位级别】：硕士
【学位授予年份】：2014
【分类号】：D925.2
本文编号：2343709
[Abstract]:The execution of prison penalty is the last link of the broad criminal procedure. Its importance is not only the necessary procedure of most criminal cases, but also the key to realize the penalty punishment, the function of education and reform, and to achieve the purpose of penalty. Whether the execution of penalty is reasonable or not is directly related to whether the criminal procedure is complete or not, whether the purpose of punishing crime and protecting the safety of the people's person and property can be realized. The prison is our country's penalty execution organ, the sentence of death is suspended for two years, the life imprisonment, the fixed-term imprisonment criminal, all must carry out the punishment in the prison. It is of great significance to correctly apply the criminal penalty in prison. Prisoners are educated and reeducated in prison to make them repent and rehabilitate. Therefore, whether the execution of punishment is reasonable and lawful not only affects the enthusiasm of criminals in prison reform, but also plays an important role in protecting human rights, realizing penalty function and promoting the stable development of society. However, there are still some problems in the practice of penalty execution in our country. This paper mainly analyzes the problems existing in the practice of commutation and parole system. In order to perfect the commutation and parole system of our country, some suggestions are put forward based on our own working experience. This paper first introduces the relevant theoretical issues of penalty execution. The author investigates the present situation of penalty execution in some prisons in Tianjin, collects relevant information, and summarizes the problems existing in the execution of prison penalty. Secondly, the problems existing in the commutation system are: the absence of the preventive effect of commutation, the absence of the socialized effect of commutation, and the imperfection of the function of commutation. In view of the existing problems, the author suggests that the commutation system should be improved in the following aspects:. The function of prevention should be embodied in the commutation system, the trial period of commutation should be established, and the evaluation standard should be more scientific and operable. Thirdly, this paper discusses the parole system, the definition of parole, the conditions of parole, the problems of parole system, and puts forward some suggestions for the existing problems. The parole system of our country has the following problems: the provisions of the essential conditions of parole are not specific, not clear, parole evaluation system is not perfect, and there are certain problems in the community correction system. The author suggests that improvement should be made in the following aspects: perfecting the essential conditions of parole system, perfecting the parole evaluation system, and further perfecting the community correction system.
【学位授予单位】：天津师范大学
【学位级别】：硕士
【学位授予年份】：2014
【分类号】：D925.2
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，本文编号：2343709
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