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On Constructing The Protective System For Discharged Persons From Prison

Posted on:2012-08-14Degree:MasterType:Thesis
Country:ChinaCandidate:X Y DongFull Text:PDF
GTID:2296330452961867Subject:Law
Abstract/Summary:PDF Full Text Request
Protecting the discharged persons from prison is of key importance for socialstability, and it is also a reference point to measure a country’s protection of humanright. Meanwhile, protecting the discharged persons from prison helps to achieve thepurpose of sentences. In the foreign countries, the close relationship betweenprotecting discharged persons from prison and repeated crime has been recognized,and their return to society to guide and help for years. That is why the dischargedpersons from prison are put in the list of social security system as a disadvantagedgroup. The related regulations issued by United Nation’s convention of prevention ofcrime and treatment of offenders also mention the problem of protecting dischargedpersons from prison, the main emphasis on the socialization of people out of prison.Since the founding of our country to realize people can make proper arrangements forhis release related to the stability of the social environment. Since the founding ofPRC, it has been recognized that the problem of arranging for discharged person fromprison has a great impact on social stability. Therefore, some different laws,regulations and policies were issued in different periods in the history. Besides, someinstructive policies were provided in related laws or regulations to support them. Bydoing so, the rate of re-crime was controlled to some extent. Through theinterpretation and analysis of the history and status quo of protecting dischargedpersons from prison in our country, it is obvious that there are some problems such aslacking in protecting fund, insufficient helping personnel, unscientific managementmechanism, and different policies of arrangement in different areas. The root causefor this problem is the lack of a law concerning the protecting discharged personsfrom prison. In other words, the existing regulations or policies issued by departmentconcerned are too abstract to implement. By contrast, some western countries havemore experience of practice, a sound organizational structure and a complete legalsystem. With the protection of a sound legal system, the organs run smoothly, and thearrangement and employment of discharged persons from prison would be worked outaccordingly. Therefore, on the ground of economic foundation, legal foundation andmass foundation in our country, which are indispensible for building protectivesystem for discharged persons from prison, it is practical to learn some lesson from other countries and construct a protective system for discharged persons from prison.But this protective system can not break away from our country’s condition and itshould be led by the government and it should involves\the whole society.As for the significance of protective law for discharged persons from prison, First, ithelps to retain the useful experience; it helps to clarify the fundamental policies,protective organs, and form of protection; it helps to reinforce the practicability; ithelps to provide exact legal support for protecting discharged persons from prison.Secondly, we must actively pursuing the execution socialization. First, to be releasedfrom prison Protection agency policy support, and second, to protect the organizationand supervision of people released from prison in collaboration will extend theprotection to their release from prison who were imprisoned, its socialization andresocialization, to avoid the formation Prison personality while enhancing their socialadaptability, to ensure better return to society, to achieve the realization of the purposeof execution.
Keywords/Search Tags:discharged persons from prison, protection, socializationof sentence, protective system, construct
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