社区矫正的矫治规程和矫治技术研究
发布时间：2018-09-08 08:57
【摘要】： 20世纪七八十年代以来,伴随着人类文明的进程,世界各国都在不断地进行刑罚制度的创新和改革,尝试用最有效、最人道、最文明的方式处理犯罪和犯罪人,社区矫正就是在这样的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,刑罚制度已经从以监禁刑为主的阶段进入以非监禁刑为主的阶段。许多国家适用社区矫正的人数已经大大超过监禁人数,并取得了良好的社会效益。顺应这一国际刑事司法改革的潮流,2003年7月10日,最高人民法院、最高人民检察院、公安部和司法部联合发布了《关于开展社区矫正试点工作的通知》,在我国现行法律框架内,在北京、上海、天津、山东、江苏和浙江六个省市开展社区矫正的试点工作,这一试点工作对我国的刑罚观念的转变和刑罚制度的改革都将产生重大的影响。对此,学术界也相继展开了研究,对国外社区矫正的理论和实践进行梳理,并对我国社区矫正的试点工作进行调研,对我国社区矫正的立法和制度建设提出种种建议,为我国社区矫正的全面推行提供了切实的帮助,但是在社区矫正的具体操作规程和矫正技术方面则显得相对薄弱。笔者认为,社区矫正的法律、制度等规定以及这些规定的实践效果,最终都要通过社区矫正的具体操作规程和矫正技术这一微观层面来实现,因此笔者尝试对该领域进行探索和研究。上海试点早,社区发展相对成熟,财力、物力方面条件更有保障,探索和经验已经处于全国社区矫正试点工作的前列,因此笔者以上海社区矫正试点情况作为研对象来展开对社区矫正操作规程和矫正技术的研究。笔者通过对上海试点社区的调查研究,以社区矫正工作人员和社区矫正工作规程两个角度为切入点,一方面总结了我国社区矫正试点中的操作规程规范化的方面,另一方面对试点中的不足之处进行了分析,提出了一些建议和看法。在此基础上,笔者以我国狱政管理中已经比较成熟的分类管理制度、激励制度、教育改造技术、心理矫正技术和劳动改造技术为参照,对社区矫正中各种矫正管理技术与矫正途径进行了探讨;还对社区矫正本身应具有的特殊的矫正途径和技术——社会帮教进行了阐述。同时提出应通过实践,逐步建立社区矫正质量评估体系,并对该体系构建的基本要素进行初步的思考。
[Abstract]:Since the 1970s and 1980s, with the progress of human civilization, every country in the world has been innovating and reforming the penal system, trying to deal with the crime and the criminal in the most effective, humane and civilized way. Community correction is a new way of punishment born under this background. Judging from the development trend of the international community, the penalty system has changed from the stage of imprisonment to that of non-imprisonment. In many countries, the number of people using community correction has far exceeded the number of incarceration, and has achieved good social benefits. Following this trend of international criminal justice reform, on July 10, 2003, the Supreme people's Court, the Supreme people's Procuratorate, the Ministry of Public Security and the Ministry of Justice jointly issued the Circular on the pilot work of Community Correction, which is within the current legal framework of our country. In Beijing, Shanghai, Tianjin, Shandong, Jiangsu and Zhejiang provinces and cities, the pilot work of community correction will have a great impact on the transformation of penalty concept and the reform of penalty system in China. In this regard, academic circles have also carried out research, combed the theory and practice of community correction abroad, investigated the pilot work of community correction in our country, and put forward various suggestions on the legislation and system construction of community correction in our country. It provides practical help for the comprehensive implementation of community correction in our country, but it is relatively weak in the specific operation rules and correction technology of community correction. The author believes that the legal and institutional provisions of community correction and the practical effect of these provisions should be realized through the microcosmic level of the specific operation rules and correction techniques of community correction. Therefore, the author tries to explore and study this field. Shanghai pilot project is early, community development is relatively mature, financial and material conditions are more secure, exploration and experience has been in the forefront of the pilot work of community correction nationwide. Therefore, the author takes Shanghai community correction pilot as the research object to carry out the research on the operation rules and correction technology of community correction. Based on the investigation and research of Shanghai pilot community, the author takes community correction staff and community correction work rules as the breakthrough point. On the one hand, the author summarizes the aspects of standardization of operation rules in community correction pilot projects in China. On the other hand, the deficiency of the pilot project is analyzed, and some suggestions and opinions are put forward. On this basis, the author refers to the classification management system, the incentive system, the education reform technology, the psychological correction technology and the labor reform technology, which have already been mature in the prison administration of our country. This paper probes into various management techniques and ways of correction in community correction, and expounds the special correction ways and techniques of community correction itself-social help and education. At the same time, it is suggested that the community correction quality evaluation system should be established step by step through practice, and the basic elements of the system should be considered preliminarily.
【学位授予单位】：华东政法学院
【学位级别】：硕士
【学位授予年份】：2006
【分类号】：D926.8
本文编号：2230050
[Abstract]:Since the 1970s and 1980s, with the progress of human civilization, every country in the world has been innovating and reforming the penal system, trying to deal with the crime and the criminal in the most effective, humane and civilized way. Community correction is a new way of punishment born under this background. Judging from the development trend of the international community, the penalty system has changed from the stage of imprisonment to that of non-imprisonment. In many countries, the number of people using community correction has far exceeded the number of incarceration, and has achieved good social benefits. Following this trend of international criminal justice reform, on July 10, 2003, the Supreme people's Court, the Supreme people's Procuratorate, the Ministry of Public Security and the Ministry of Justice jointly issued the Circular on the pilot work of Community Correction, which is within the current legal framework of our country. In Beijing, Shanghai, Tianjin, Shandong, Jiangsu and Zhejiang provinces and cities, the pilot work of community correction will have a great impact on the transformation of penalty concept and the reform of penalty system in China. In this regard, academic circles have also carried out research, combed the theory and practice of community correction abroad, investigated the pilot work of community correction in our country, and put forward various suggestions on the legislation and system construction of community correction in our country. It provides practical help for the comprehensive implementation of community correction in our country, but it is relatively weak in the specific operation rules and correction technology of community correction. The author believes that the legal and institutional provisions of community correction and the practical effect of these provisions should be realized through the microcosmic level of the specific operation rules and correction techniques of community correction. Therefore, the author tries to explore and study this field. Shanghai pilot project is early, community development is relatively mature, financial and material conditions are more secure, exploration and experience has been in the forefront of the pilot work of community correction nationwide. Therefore, the author takes Shanghai community correction pilot as the research object to carry out the research on the operation rules and correction technology of community correction. Based on the investigation and research of Shanghai pilot community, the author takes community correction staff and community correction work rules as the breakthrough point. On the one hand, the author summarizes the aspects of standardization of operation rules in community correction pilot projects in China. On the other hand, the deficiency of the pilot project is analyzed, and some suggestions and opinions are put forward. On this basis, the author refers to the classification management system, the incentive system, the education reform technology, the psychological correction technology and the labor reform technology, which have already been mature in the prison administration of our country. This paper probes into various management techniques and ways of correction in community correction, and expounds the special correction ways and techniques of community correction itself-social help and education. At the same time, it is suggested that the community correction quality evaluation system should be established step by step through practice, and the basic elements of the system should be considered preliminarily.
【学位授予单位】：华东政法学院
【学位级别】：硕士
【学位授予年份】：2006
【分类号】：D926.8
【参考文献】
相关期刊论文 前2条
1 吴宗宪;关于社区矫正若干问题思考[J];中国司法;2004年07期
2 范燕宁;社区矫正的基本理念和适用意义[J];中国青年研究;2004年11期
，本文编号：2230050
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