监狱执行减刑制度研究

发布时间：2019-06-01 23:06

【摘要】：对罪犯的刑罚执行,这在刑事司法整个领域中都是至关重要的,它亦为实现国家刑罚权的终极环节。减刑制度是刑罚执行制度的重要组成部分,是以罪犯服刑期间的优良表现为基础而对其缩短刑罚执行期限的刑罚执行变更制度。对犯罪分子依法判处一定刑罚,是震慑犯罪、保护国民、匡扶正义的必然要求。现代之刑罚,惩罚并非主要目的,而教育改造愈来愈居重要位置。是否可以科学而准确地进行刑罚执行直接关乎着其前面的刑事立法及司法活动的实践与成效的获得,也关乎着能否在最后达成刑罚的目的。在执行刑罚时,减刑制度是刑罚制度的核心制度之一,它也是适用最为广泛的刑罚执行制度。因此,减刑制度的执行对刑罚执行具有重要意义。依据《刑法》和《刑事诉讼法》的规定,作为国家执行刑罚的机关单位——监狱担负着正确、科学行使刑罚执行权,减少、预防犯罪以及改造服刑罪犯的重任和职能,其核心工作为执行刑罚。在执行刑罚时,服刑罪犯减刑则是最为重要的工作。所以,监狱的执行刑罚职责意义重大,它对于维护社会安定和谐、维护监管安全等至关重要,不可或缺。伴随社会的进一步加速转型,各种新矛盾和新情况日趋凸显,越来越多的减刑新问题被提到了议程中来,亟待处理。我国长久以来对减刑制度重视不够,导致相关法律依据严重滞后、减刑实质条件无可操作性、部分刑罚体系和执行体系不协调、减刑起始时间、间隔时间过于宽松、减刑无撤销制度、特殊罪犯减刑过多、减刑条件考核标准不够量化、减刑程序缺乏有效监督等,这导致监狱开展服刑罪犯减刑工作时存在诸多法律漏洞、制度空白,譬如匮乏统一的减刑标准、行政奖励不统一、行政奖励标准模糊、计分考核制度失衡、罪犯岗位不透明、人为设置减刑比例等,这些均阻碍了我国减刑制度目的的实现,严重削弱了刑罚裁量的惩罚意义。以下以笔者工作实践为切入口,对执法过程中所遇到和所存在的各类问题进行深入分析和挖掘,从监狱执行减刑制度存在的问题为出发点,着重从严格减刑限度、完善减刑法律程序、完善监狱执行减刑制度的法律制度三个方面,全方位探讨了完善监狱执行减刑制度的基础工作,唯有从源头上科学、公平的评价罪犯服刑改造表现,才能将减刑制度惩罚与奖励相结合的作用在法律程序、法律效果上体现出来,唯有合法、合理的做好减刑工作,才能够推动我国刑罚执行活动的科学发展,实现司法公正、社会公平。
[Abstract]:The execution of criminal punishment is very important in the whole field of criminal justice, and it is also the ultimate link to realize the national penalty power. The commutation system is an important part of the penalty execution system. It is a penalty execution change system which is based on the excellent performance of the criminal serving his sentence and shortens the execution period of the penalty. The punishment of criminals according to law is the inevitable requirement of deterring crime, protecting the people and supporting justice. Modern punishment, punishment is not the main purpose, and educational transformation is becoming more and more important. Whether the execution of penalty can be carried out scientifically and accurately is directly related to the practice and effect of criminal legislation and judicial activities in front of it, and also related to whether the purpose of penalty can be achieved in the end. In the execution of penalty, the commutation system is one of the core systems of the penalty system, and it is also the most widely applied penalty execution system. Therefore, the implementation of commutation system is of great significance to the execution of penalty. In accordance with the provisions of the Criminal Law and the Code of Criminal procedure, as the organ unit of the State for the enforcement of penalties, the prison is responsible for the correct and scientific exercise of the right to execute penalties, the reduction, prevention of crimes and the reform of criminals serving sentences, Its core work is the execution of penalty. It is the most important task for criminals to commute their sentences in the execution of sentences. Therefore, the execution of penalty responsibility in prison is of great significance, it is very important and indispensable to maintain social stability and harmony, maintain supervision security and so on. With the further accelerated transformation of society, all kinds of new contradictions and new situations are becoming more and more prominent, and more new problems of penalty reduction have been put on the agenda and need to be dealt with urgently. Our country has not paid enough attention to the system of commutation for a long time, which leads to the serious lag of the relevant legal basis, the impossibility of the substantive conditions of the reduction of penalty, the incoordination between some penalty system and the execution system, and the loose starting time and interval of the reduction of penalty. There are many legal loopholes and gaps in the system of commutation of sentences, such as the system of non-cancellation of sentences, the excessive reduction of sentences by special criminals, the insufficient quantification of the assessment standards of commutation conditions, and the lack of effective supervision of commutation procedures, which leads to the existence of many legal loopholes and system gaps in the work of commuting sentences of prisoners. For example, the lack of unified standards for commutation of sentences, the inconsistency of administrative rewards, the ambiguity of administrative reward standards, the imbalance of the scoring and assessment system, the intransparency of criminal posts, and the artificial setting of the proportion of commutation of sentences all hinder the realization of the purpose of the commuting system in our country. It seriously weakens the punitive significance of penalty discretion. The following is based on the author's working practice, analyzes and excavates all kinds of problems encountered and existing in the process of law enforcement, starting from the problems existing in the prison implementation of the system of commuting sentences, with emphasis on strict limits of reduction of sentences. This paper perfects the legal procedure of sentence reduction and the legal system of prison execution reduction system, probes into the basic work of perfecting the prison penalty reduction system in an all-round way, and only scientifically and fairly evaluates the performance of criminals in serving their sentences from the source. Only by combining the punishment and reward of the commutation system in the legal procedure and legal effect can we promote the scientific development of penalty enforcement activities and realize judicial justice only by doing a good job of commuting punishment legally and reasonably. Social equity.
【学位授予单位】：兰州大学
【学位级别】：硕士
【学位授予年份】：2017
【分类号】：D926.7

【相似文献】