推进社区矫正制度化的若干思考
发布时间：2019-06-22 16:40
【摘要】：社区矫正，属于社区处遇的内容之一，是相对于传统的机构式(Institutional Treatment)而言的一种新兴的罪犯处遇方式。在中国大陆地区它被定义为与监狱执行刑罚相对应的行刑方式，具体是指国家专门机构在社会团体、民间组织和社会志愿者的协助下，针对那些由法院决定缓刑、管制、单处剥夺政治权利或允许假释的罪犯，以及监狱决定监外执行的罪犯予以矫正的刑罚执行活动。本文试图从刑事政策理论和刑罚理论着手，将社区矫正进行重新定位，并根据社区矫正目前实行现状和条件，，主张重点突出裁判权启动社区矫正工作的杠杆作用；克服矫正工作中的强制性公益劳动过程中存在的缺陷；理清执行主体的权力层次以整合现有的司法资源和社区力量，积极扩大转处制度的适用。并提出社区矫正的法律完善，其中包括了我国青少年司法程序非刑罚化的探索分析。 引言部分概述了社区矫正的由来、社区矫正在我国试点的情况，并由此提出目前存在的若干缺陷与不足。 第一部分，主要阐述社区矫正的基本理论问题。首先在具体分析现有四种代表性定义的基础上，将“社区”界定为由一定数量的居民组成的、具有内在互动关系与文化维系力的地域性生活共同体；“矫正”界定不仅包括行刑，还可包括监狱及其他执行机关的管理与教育活动，不再局限通常理解下罪犯的教育改造。其次分析了社区矫正的理论根基。为了回应社会发展转型的内在需要，刑事政策从国家本位型转向国家—社会双本位型，社区作为一种重要力量进入国家公共管理层面势在必然，社区矫正就是一种具体体现。同时，社区矫正制度是有效实现刑罚基本功能的必然要求，蕴含刑罚从报应刑到教育刑的理念转变，也是刑罚个别化原则与罪刑均衡原则、适用刑法人人平等原则互相协调的产物。 第二部分，我国社区矫正的定位。在我国现有法律框架下，将社区矫正定位为在社区内进行的一种刑罚执行方式，大致介绍了现有工作制度体系，并主张将社区矫正制度化方向予以调整，试图重新圈定社区矫正的适用对象。 第三部分，社区矫正实行现状和条件。自社区矫正试点以来，存在着执行主体的权力层次模糊，裁判权启动意识不强，强制公益劳动的范围等问题。增强社区的介入角色意识、成熟社区的建设、矫正工作者队伍的培
[Abstract]:Community correction, which belongs to one of the contents of community encounter, is a new way of dealing with criminals compared with the traditional institutional (Institutional Treatment). In mainland China, it is defined as the execution mode corresponding to prison execution, which refers to the punishment enforcement activities of state specialized agencies, with the assistance of social organizations, civil society organizations and social volunteers, for those criminals whose sentences are suspended, controlled, individually deprived of political rights or allowed to be released on parole, as well as those whose sentences are decided by the prison to be carried out outside prison. This paper attempts to reposition community correction from the theory of criminal policy and penalty, and according to the present situation and conditions of community correction, advocates to highlight the leverage of jurisdiction to start community correction, to overcome the defects existing in the process of compulsory public welfare labor in correction work. Clarify the power level of the executive subject in order to integrate the existing judicial resources and community strength, and actively expand the application of the transfer system. It also puts forward the legal perfection of community correction, including the exploration and analysis of the decriminalization of juvenile justice procedure in our country. The introduction summarizes the origin of community correction and the pilot situation of community correction in our country, and puts forward some defects and shortcomings at present. The first part mainly expounds the basic theoretical problems of community correction. First of all, on the basis of analyzing the existing four representative definitions, the "community" is defined as a regional life community composed of a certain number of residents with internal interaction and cultural maintenance, and the definition of "correction" can include not only execution, but also the management and educational activities of prison and other executive organs, which is no longer limited to the educational transformation of criminals under the usual understanding. Secondly, it analyzes the theoretical foundation of community correction. In order to respond to the inherent needs of social development and transformation, the criminal policy has changed from the national standard to the state-society double standard. As an important force, it is inevitable for the community to enter the national public management level, and community correction is a concrete embodiment. At the same time, the community correction system is the inevitable requirement to effectively realize the basic function of penalty, which contains the transformation of penalty from retributive punishment to educational punishment, and is also the product of coordination between the principle of individualization of penalty and the principle of balance between crime and punishment, and the principle of equality between everyone in applicable criminal law. The second part is the orientation of community correction in our country. Under the existing legal framework of our country, community correction is defined as a kind of penalty execution mode in the community, the existing working system is briefly introduced, and the institutionalized direction of community correction is adjusted in an attempt to redefine the applicable object of community correction. The third part, the implementation of community correction status and conditions. Since the pilot of community correction, there have been some problems, such as vague power level of executive subject, weak consciousness of starting jurisdiction, scope of compulsory public welfare labor and so on. Strengthen the awareness of the intervention role of the community, the construction of the mature community, and the cultivation of the correctional workers.
【学位授予单位】：西南政法大学
【学位级别】：硕士
【学位授予年份】：2006
【分类号】：D926.8
本文编号：2504776
[Abstract]:Community correction, which belongs to one of the contents of community encounter, is a new way of dealing with criminals compared with the traditional institutional (Institutional Treatment). In mainland China, it is defined as the execution mode corresponding to prison execution, which refers to the punishment enforcement activities of state specialized agencies, with the assistance of social organizations, civil society organizations and social volunteers, for those criminals whose sentences are suspended, controlled, individually deprived of political rights or allowed to be released on parole, as well as those whose sentences are decided by the prison to be carried out outside prison. This paper attempts to reposition community correction from the theory of criminal policy and penalty, and according to the present situation and conditions of community correction, advocates to highlight the leverage of jurisdiction to start community correction, to overcome the defects existing in the process of compulsory public welfare labor in correction work. Clarify the power level of the executive subject in order to integrate the existing judicial resources and community strength, and actively expand the application of the transfer system. It also puts forward the legal perfection of community correction, including the exploration and analysis of the decriminalization of juvenile justice procedure in our country. The introduction summarizes the origin of community correction and the pilot situation of community correction in our country, and puts forward some defects and shortcomings at present. The first part mainly expounds the basic theoretical problems of community correction. First of all, on the basis of analyzing the existing four representative definitions, the "community" is defined as a regional life community composed of a certain number of residents with internal interaction and cultural maintenance, and the definition of "correction" can include not only execution, but also the management and educational activities of prison and other executive organs, which is no longer limited to the educational transformation of criminals under the usual understanding. Secondly, it analyzes the theoretical foundation of community correction. In order to respond to the inherent needs of social development and transformation, the criminal policy has changed from the national standard to the state-society double standard. As an important force, it is inevitable for the community to enter the national public management level, and community correction is a concrete embodiment. At the same time, the community correction system is the inevitable requirement to effectively realize the basic function of penalty, which contains the transformation of penalty from retributive punishment to educational punishment, and is also the product of coordination between the principle of individualization of penalty and the principle of balance between crime and punishment, and the principle of equality between everyone in applicable criminal law. The second part is the orientation of community correction in our country. Under the existing legal framework of our country, community correction is defined as a kind of penalty execution mode in the community, the existing working system is briefly introduced, and the institutionalized direction of community correction is adjusted in an attempt to redefine the applicable object of community correction. The third part, the implementation of community correction status and conditions. Since the pilot of community correction, there have been some problems, such as vague power level of executive subject, weak consciousness of starting jurisdiction, scope of compulsory public welfare labor and so on. Strengthen the awareness of the intervention role of the community, the construction of the mature community, and the cultivation of the correctional workers.
【学位授予单位】：西南政法大学
【学位级别】：硕士
【学位授予年份】：2006
【分类号】：D926.8
【引证文献】
相关博士学位论文 前1条
1 葛磊;刑事制裁体系近现代史纲[D];北京大学;2007年
相关硕士学位论文 前2条
1 陈国栋;刑罚执行中的社区矫正制度[D];华东政法大学;2008年
2 李彬彬;我国社区处遇的多维解构与探索[D];中国青年政治学院;2009年
本文编号：2504776
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