论少年犯罪与社区矫正
发布时间：2018-08-14 10:49
【摘要】： 伴随着人类文明的进程,世界各国在不断地进行刑罚制度的改革和更新,尝试着用最人道、最有效、最文明的方式处理犯罪和犯罪人,社区矫正就是在这种背景下诞生的一种新的刑罚方式。从国际社会的发展趋势来看,刑罚制度在坚持监禁的同时,开始大量适用非监禁刑,许多国家适用社区矫正的人数大大超过监禁人数,美国、英国、香港等国家和地区在刑事立法和司法中已经确立了社区矫正法律制度,这一制度根据社会生活的改变和犯罪情况的变化,逐步发展、演变,不断调整和完善,成为目前有法律明确规定、适用刑种多样、有专门机构和人员进行管理监督、有关社会组织参与、矫正措施规范、行刑效果理想的较为完备的法律制度。英、美等国在社区矫正制度中确立的保护公众的安全和利益、矫正和适当惩罚相结合、注重犯罪对受害者的伤害和影响、是犯罪人再社会化及预防和减少重新违法犯罪等矫正原则,得到世界各国刑事司法界的一致推崇。国外社区矫正之所以能在现代社会被西方国家普遍接受和采纳,是因为其背后包含了若干深层次合理的理论基础,蕴含着丰富的价值理念。 在我国社会转型期,少年违法犯罪呈现出新的高发态势和一系列新的特征,已成为迫切需要解决的世界性社会问题。我国对违法犯罪少年的传统矫正模式在新形势下遇到了严峻挑战,不能有效地发挥矫正功能。犯罪原因的多元性、多层次性以及少年自身的特殊性决定了必须对少年犯采取更为科学和人性化的矫正方式,而社区矫正正是当今世界各国普遍采用的一种行之有效的矫正方式。 本文联系少年犯罪高发的现状,剖析传统矫正模式的不足,论证对少年犯适用社区矫正的必要性及可行性;并针对我国少年犯社区矫正中存在的问题,借鉴国外少年犯社区矫正的成功经验,提出了我国少年犯社区矫正的构想。 本文共3.95万字,共分为六个部分 一、少年犯社区矫正概述。该部分分为三段内容。第一段内容结合我国法律规定,通过对“青少年”、“未成年人”、“少年”这三个词的内涵和外延的分析和辨别,阐明本文论述的社区矫正的对象是己满14周岁不满18周岁的未成年人。而我国现阶段社区矫正的未成年犯即少年犯。第二段内容从理论和法规两方面阐释社区矫正的定义,从而明确社区矫正的性质是一种非监禁的社会化的刑罚执行方式,社区矫正的主体应当是司法行政机关。在此基础上,笔者又进一步提出了少年犯社区矫正的定义。第三段内容则是论述少年犯社区矫正的理论依据:刑罚谦抑思想、刑法人道主义、重新获得资格理论以及功利主义思想。 二、少年犯罪的现状、特点及原因分析。该部分分为两段内容。第一段内容通过剖析我国少年犯罪的现状和特点说明目前我国少年犯罪形势的严峻,少年犯罪呈现犯罪低龄化、团伙化、总量持续增长以及重新犯罪数量逐年增多的趋势,尤其是少年重新犯罪数量逐年增多,出现了“二进宫”、“三进宫”现象。第二段内容则具体从社会、家庭、学校、个人原因来分析少年犯罪的原因。总的来说,以上所有的内容都是为第三部分论述对少年犯适用社区矫正的必要性和可行性作铺垫。 三、我国对少年犯适用社区矫正的必要性和可行性分析。该部分分为两段内容。第一段内容主要是分析传统矫正模式的不足(如:标签效应、监狱亚文化影响、交叉感染、与社会的完全隔离阻碍少年的再社会化)以及论述社区矫正制度的价值及意义。第二段内容从分别从社会学角度(通过对社会化与少年犯罪和社区矫正功能与社区矫正两方面的分析来进行论述)和我国现实状况(如:有深厚的思想基础、有完善的合作体系成果、已经取得了一些经验等)两部分对少年犯社区矫正的必要性和可行性进行论述。 四、世界一些国家及地区未成年方社区矫正的实践模式。本部分分别引述了美国、英国和香港特别行政区实行少年犯社区矫正的概况,并总结和分析了以上三个国家和地区少年犯社区矫正模式的共通之处,继而笔者希望我国在构建社区矫正模式时,能根据实际情况予以借鉴并引进境外一些先进的项目和做法。 五、我国少年犯社区矫正实践及不足。该部分分为五段内容。第一段内容是概述我国实行少年犯社区矫正的历史。第二段和第三段内容分别引述了上海、北京的少年犯社区矫正实践概况。第四段内容是介绍其他地区一些有特色的实践模式。最后一段内容则是论述我国少年犯社区矫正的不足之处(如:现行的关于对未成年犯执行刑罚的法规不足、社区管理落后、社区矫正的实施体制尚不能很好适应矫正的需要、缺乏有针对性的矫正计划和实施方案、缺乏适合未成年人特点的社区矫正项目、矫正者的专业水平普遍不高等)。 六、我国少年犯社区矫正模式的构建。该部分分为五个部分。这五段内容分别从矫正法规的制定完善、少年犯社区矫正主体和项目的完善(包括对现有项目的完善和对国外项目的引进)、法律监督和刑事污点消灭等五个方面进行阐述,力求能够尽可能有效地开展少年犯社区矫正,保护少年犯的合法权利,是他们最大程度的社会化,最终顺利回归社会。 以上内容如有错漏之处,敬请老师指正。
[Abstract]:Along with the progress of human civilization, countries all over the world are constantly carrying out the reform and renewal of the penalty system, trying to deal with crimes and offenders in the most humane, effective and civilized way. Community correction is a new penalty method born under this background. From the development trend of the international community, the penalty system is insisting on prison. At the same time, a large number of non-custodial penalties have been applied, and the number of community corrections applied in many countries has greatly exceeded the number of prisoners. The United States, Britain, Hong Kong and other countries and regions have established the legal system of community corrections in criminal legislation and justice. This system has gradually developed and evolved in accordance with the changes in social life and crime situation. Constantly adjusting and perfecting, it has become a relatively complete legal system, which is clearly stipulated in the law, applicable to a wide range of punishments, including specialized agencies and personnel for management and supervision, participation of relevant social organizations, standardization of corrective measures, and ideal execution effect. Combining appropriate punishment and paying attention to the harm and influence of crime on the victim is the rectification principle of re-socialization of the offender and prevention and reduction of re-offence, which is highly praised by the criminal judicial circles all over the world. A number of deep and reasonable theoretical foundations contain rich values.
In the period of social transformation in China, juvenile delinquency shows a new trend of high incidence and a series of new characteristics, which has become an urgent need to solve the world social problems. Secondary nature and the particularity of juveniles themselves determine that we must adopt a more scientific and humane way of correction for juvenile delinquents, and community correction is a common and effective way of correction in the world today.
Based on the current situation of high incidence of juvenile delinquency, this paper analyzes the shortcomings of the traditional correction model, demonstrates the necessity and feasibility of applying community correction to juvenile delinquents, and puts forward the concept of community correction for juvenile delinquents in China by referring to the successful experience of community correction abroad.
There are 3.95 words in this article, which are divided into six parts.
The first part is about the analysis and discrimination of the connotation and denotation of the three words "teenager", "minor" and "juvenile". It clarifies that the object of community correction discussed in this paper is the minor who has reached the age of 14 and is under the age of 18. The second paragraph explains the definition of community correction from both theoretical and legal aspects, so as to clarify the nature of community correction is a non-imprisonment socialized penalty execution, and the main body of community correction should be the judicial administrative organs. The third paragraph discusses the theoretical basis of community correction of juvenile offenders: the idea of penal modesty, the humanitarianism of criminal law, the theory of re-qualification and utilitarianism.
Secondly, the present situation, characteristics and causes of juvenile delinquency are analyzed. This part is divided into two parts. The first part explains the serious situation of juvenile delinquency in our country through the analysis of the present situation and characteristics of juvenile delinquency. Juvenile delinquency shows the trend of juvenile delinquency becoming younger, organized, the total amount of juvenile delinquency increasing continuously and the number of recidivism increasing year by year, The second paragraph analyzes the causes of juvenile delinquency from the social, family, school and personal reasons. In general, all the above contents are to pave the way for the necessity and feasibility of applying community correction to juvenile delinquents in the third part. Pads.
Third, the necessity and feasibility of applying community correction to juvenile delinquents in China. This part is divided into two parts. The second part is about the community of juvenile delinquents from the sociological point of view (through the analysis of socialization and juvenile delinquency, community correction function and community correction) and the actual situation of our country (for example, there is a deep ideological foundation, there is a perfect cooperation system, and some experience has been gained). The necessity and feasibility of correction are discussed.
Fourthly, some countries and regions in the world adolescent community correction practice mode. This part quotes respectively the United States, Britain and Hong Kong Special Administrative Region to implement the general situation of community correction of juvenile offenders, and summarizes and analyzes the above three countries and regions juvenile community correction mode in common, and then I hope our country in the construction of community. In correcting mode, we can draw lessons from the actual situation and introduce some advanced projects and practices abroad.
Fifth, the practice and shortcomings of community correction of juvenile delinquents in China. This part is divided into five parts. The first part is an overview of the history of community correction of juvenile delinquents in China. The last paragraph discusses the shortcomings of community correction for juvenile delinquents in China (for example, the current laws and regulations on the execution of penalties for juvenile delinquents are inadequate, the community management is backward, the implementation system of community correction is still not well adapted to the needs of correction, the lack of targeted correction plans and implementation programs, the lack of suitable for juvenile characteristics. The community correction project of points is generally not high.
Sixth, the construction of community correction model for juvenile delinquents in China. This part is divided into five parts. These five paragraphs are elaborated from five aspects: the formulation and perfection of correction laws, the improvement of juvenile delinquent community correction subjects and projects (including the improvement of existing projects and the introduction of foreign projects), legal supervision and the elimination of criminal stains. The community correction of juvenile delinquents can be carried out as effectively as possible to protect the legitimate rights of juvenile delinquents.
If there are any mistakes in the above contents, please ask the teacher to correct them.
【学位授予单位】：西南政法大学
【学位级别】：硕士
【学位授予年份】：2008
【分类号】：D926.8
本文编号：2182616
[Abstract]:Along with the progress of human civilization, countries all over the world are constantly carrying out the reform and renewal of the penalty system, trying to deal with crimes and offenders in the most humane, effective and civilized way. Community correction is a new penalty method born under this background. From the development trend of the international community, the penalty system is insisting on prison. At the same time, a large number of non-custodial penalties have been applied, and the number of community corrections applied in many countries has greatly exceeded the number of prisoners. The United States, Britain, Hong Kong and other countries and regions have established the legal system of community corrections in criminal legislation and justice. This system has gradually developed and evolved in accordance with the changes in social life and crime situation. Constantly adjusting and perfecting, it has become a relatively complete legal system, which is clearly stipulated in the law, applicable to a wide range of punishments, including specialized agencies and personnel for management and supervision, participation of relevant social organizations, standardization of corrective measures, and ideal execution effect. Combining appropriate punishment and paying attention to the harm and influence of crime on the victim is the rectification principle of re-socialization of the offender and prevention and reduction of re-offence, which is highly praised by the criminal judicial circles all over the world. A number of deep and reasonable theoretical foundations contain rich values.
In the period of social transformation in China, juvenile delinquency shows a new trend of high incidence and a series of new characteristics, which has become an urgent need to solve the world social problems. Secondary nature and the particularity of juveniles themselves determine that we must adopt a more scientific and humane way of correction for juvenile delinquents, and community correction is a common and effective way of correction in the world today.
Based on the current situation of high incidence of juvenile delinquency, this paper analyzes the shortcomings of the traditional correction model, demonstrates the necessity and feasibility of applying community correction to juvenile delinquents, and puts forward the concept of community correction for juvenile delinquents in China by referring to the successful experience of community correction abroad.
There are 3.95 words in this article, which are divided into six parts.
The first part is about the analysis and discrimination of the connotation and denotation of the three words "teenager", "minor" and "juvenile". It clarifies that the object of community correction discussed in this paper is the minor who has reached the age of 14 and is under the age of 18. The second paragraph explains the definition of community correction from both theoretical and legal aspects, so as to clarify the nature of community correction is a non-imprisonment socialized penalty execution, and the main body of community correction should be the judicial administrative organs. The third paragraph discusses the theoretical basis of community correction of juvenile offenders: the idea of penal modesty, the humanitarianism of criminal law, the theory of re-qualification and utilitarianism.
Secondly, the present situation, characteristics and causes of juvenile delinquency are analyzed. This part is divided into two parts. The first part explains the serious situation of juvenile delinquency in our country through the analysis of the present situation and characteristics of juvenile delinquency. Juvenile delinquency shows the trend of juvenile delinquency becoming younger, organized, the total amount of juvenile delinquency increasing continuously and the number of recidivism increasing year by year, The second paragraph analyzes the causes of juvenile delinquency from the social, family, school and personal reasons. In general, all the above contents are to pave the way for the necessity and feasibility of applying community correction to juvenile delinquents in the third part. Pads.
Third, the necessity and feasibility of applying community correction to juvenile delinquents in China. This part is divided into two parts. The second part is about the community of juvenile delinquents from the sociological point of view (through the analysis of socialization and juvenile delinquency, community correction function and community correction) and the actual situation of our country (for example, there is a deep ideological foundation, there is a perfect cooperation system, and some experience has been gained). The necessity and feasibility of correction are discussed.
Fourthly, some countries and regions in the world adolescent community correction practice mode. This part quotes respectively the United States, Britain and Hong Kong Special Administrative Region to implement the general situation of community correction of juvenile offenders, and summarizes and analyzes the above three countries and regions juvenile community correction mode in common, and then I hope our country in the construction of community. In correcting mode, we can draw lessons from the actual situation and introduce some advanced projects and practices abroad.
Fifth, the practice and shortcomings of community correction of juvenile delinquents in China. This part is divided into five parts. The first part is an overview of the history of community correction of juvenile delinquents in China. The last paragraph discusses the shortcomings of community correction for juvenile delinquents in China (for example, the current laws and regulations on the execution of penalties for juvenile delinquents are inadequate, the community management is backward, the implementation system of community correction is still not well adapted to the needs of correction, the lack of targeted correction plans and implementation programs, the lack of suitable for juvenile characteristics. The community correction project of points is generally not high.
Sixth, the construction of community correction model for juvenile delinquents in China. This part is divided into five parts. These five paragraphs are elaborated from five aspects: the formulation and perfection of correction laws, the improvement of juvenile delinquent community correction subjects and projects (including the improvement of existing projects and the introduction of foreign projects), legal supervision and the elimination of criminal stains. The community correction of juvenile delinquents can be carried out as effectively as possible to protect the legitimate rights of juvenile delinquents.
If there are any mistakes in the above contents, please ask the teacher to correct them.
【学位授予单位】：西南政法大学
【学位级别】：硕士
【学位授予年份】：2008
【分类号】：D926.8
【引证文献】
相关硕士学位论文 前3条
1 张晓兰;青少年越轨行为的社区矫正实务过程探析[D];吉林大学;2012年
2 荣云;青少年社区矫正工作的社工介入研究[D];苏州大学;2012年
3 闫一石;系统视角下的青少年社区矫正社会工作研究[D];中国社会科学院研究生院;2012年
，本文编号：2182616
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