An Empiricalanalysis Of The Issue Of Lenient Sentences For Rapists

Prison execution is an important link in the process of behavior and psychological correction of criminals,although the current trend of lenient punishment is an inevitable requirement of the development of the world’s criminal system,and it is also the core requirement of humanitarianism in a peaceful environment,but we also need to see clearly that under this background,because of the impact of sentencing,property and other factors,the rapists in prison sentence commutation,parole availability has become easier,access to commutation,parole greatly increased opportunities,although it helps to motivate the rapists and reduce the pressure of the prison management,it will lead to the high rate of recidivism and personal danger.Starting from the present situation of the execution of rapists in prison,this paper focuses on the analysis of the problem of the under severity of the execution of rapists and the analysis of the deep-seated reasons for the under severity of the execution of rapists,and then puts forward the concrete and procedural countermeasures,the purpose is to achieve the integration of special prevention and General Prevention.The introduction of this paper introduces the background and significance of the research,expounds the theoretical basis,research object and method of this paper,and analyzes the actual situation of a city prison with this research method.This article is divided into four parts.First of all,the proportion of rapists in a city prison,the possibility of commutation and parole,commutation and parole tend to explore the situation,it is found that in the process of execution in prison of the rapist in city a,the execution of the rapist is too light.First,the assessment standard of the rapist’s personal danger is too low;second,the performance judgment of the rapist’s repentance is too flexible,the third is the rapists low sense of punishment threat,the fourth is the rapists lenient conditions of commutation and parole,the fifth is the rapists high rate of recidivism after commutation and parole.Secondly,through the grading treatment of rapists in a city,commutation and parole conditions,and other in-depth study of the rapists to light the reasons for the execution.First,the assessment of the personal danger of rapists lacks theoretical support;The second is the lack of scientific basis,the third is that the working mechanism of the prison makes the rapists sense of execution less severe,and the fourth is that the conditions of the rapist commutation and parole are separated from the goal of effective reform.Thirdly,in view of the analysis of the issue and causes of the perpetrators of rape,proposed targeted substantive measures and procedural measures.In terms of substantive measures,one is to set up a punishment mechanism for rapists to enhance their experience of punishment,and the other is to integrate a targeted mechanism to enhance the effectiveness of rapists reform,third,the formulation of more effective and standardized substantive measures such as substantive conditions of commutation and parole for rapists;procedural measures,first,the formulation of more rigorous and standardized procedures for the assessment and reform of the physical danger of rapists,the second is to form a more scientific and rigorous procedure for the recognition of the rapist’s confession and repentance,and the third is to construct a more rigorous procedure for the rapist’s commutation and parole.In the process of execution,the prison must work out more scientific and reasonable procedures and measures to correct the rapists in all aspects,with the aim of reducing the personal danger of the rapists and the risk of recidivism so that the rapists can return to the society,resurrection men.