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The Jail Penalty Function Realizes Open Style Way

Posted on:2009-07-26Degree:MasterType:Thesis
Country:ChinaCandidate:H LiuFull Text:PDF
GTID:2166360242487590Subject:Criminal Law
Abstract/Summary:
The jail is the national instrument of violence, is also the national execution of punishment institution, is current various countries carries out the free punishment penalty's main vehicle. The jail executes the effect appraisal the foundation is the jail executes the function, adapts with penalty's function and the goal, the jail executes the function also to manifest the penalty, deterrent, the education and the transformation aspect function. But embarks from the jail most basic function, the jail executes the most basic function imprisons the human. This function is also the jail can depend by the long-standing premise, therefore in the quite long time the jail pattern is the seal, isolates with the outside. Along with society's civilized development, in the current class contradictions relax in the situation, the jail and society's exchange and the relation are getting more and more close, the jail has more societies attribute, the jail more is regarded as a social enterprise, the jail executes the activity also to entrust with the more social functions, the jail function more has also manifested its social characteristic, the social control function has become the jail at present the most main function. Looking from current, our country jail executes the function not to achieve the ideal effect, convicts who have served their term and been released's crime rate control to be at the perfect condition, the social control loses the position, also the crime rate is quite high, the jail executed the potency to be low, the primary cause which created is as a result of the imprisonment punishment malpractice and the limited restriction, the jail is executing the goal and the method aspect has had the contradiction, caused the jail the function and the goal cannot very good realization, but solved the jail malpractice and the limited method is practices over a hundred year mature socialization in the Western country to execute the way. Outside the western nation executes the socialized aspect in the jail the mature procedure mainly to have establishes the open style jail, open style place to meet the system, widely to use the progressive increase place to meet the system, to carry on the social education to the criminal and to organize the criminal to participate supervises works, maximum limit has avoided the imprisonment punishment malpractice and the limitation, receives criminal's welcome, obtained the quite good criminal to rectify the effect, good realized the jail to execute the function. Executes the socialization is a cardinal principle which our country jail executes. From ancient times till now, to realize the jail penalty function, our country's jail executes in legislates and in the practice manifests certainly executes the socialized thought that and executes the jail the socialization to take one kind of system's theory to carry on the research, obtained the quite good criminal to transform the effect. Compares with the Western country, our country's jail executes socialized good and bad points coexisting. Under the planned economy the traditional government leads, the populace autonomy organization to participation executes the socialized pattern, in the criminal transforms is having the important status, after market economy system establishment, the government and the mass autonomous organization participated in the criminal transforming the work the enthusiasm to fall behind, the enormous influence jail has executed the society the development and penalty penalty function realization. Although executed the socialized aspect in the jail to carry on some beneficial attempts and the reform, but compared or is in the quite backward condition with the Western country, solution was classifies, the jail classification, the criminal place in the original foundation from the criminal to meet with the ideological concept in carries on further consummates.
Keywords/Search Tags:Jail, Execution, Function, Socialization
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