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The Changes Of The Foreign System Of Prison Enlightenment To China's Criminal Policy Changes

Posted on:2012-03-07Degree:MasterType:Thesis
Country:ChinaCandidate:M ZhuFull Text:PDF
GTID:2246330371465280Subject:Law
Abstract/Summary:PDF Full Text Request
From the mid-1990s to the 21st century, the international community suffered a increasing crime rate, correspondingly with a increasing prison closing capacity. This has gradually been a big problem in the field of criminal law according to a number of statistics, appealing for a lot of attention from the authorities in the area of criminal justice and prison management. Meanwhile, the research on the theories of prison studies and criminology has a further development. The system of imprisonment is created to punish crimes, but ultimately to control and prevent crimes, as one of free punishments. However, it is unfortunate that the proportion of imprisonment in the system of criminal punishment is an inverse ratio to the seriousness of crimes. The rethink of the system of prison has been an urgent proposition for our country and even the whole world.At first, the paper analyzes the change and development of the ideas in different countries all over the world, including the modern thinking of imprisonment, modern concept of the prison system in criminal law and contemporary treatment of execution, then makes a better understanding of how valuable the sentence of imprisonment is and what kind of historical position it has. After that, a great deal of statistics in chapter 2 prove that the reform of the sentence of imprisonment undoubtedly comes into people’s view, because of its advantages, for example, completely agreeing with the contemporary human rights protection and the development of civilization. To be detail, the contemporary development countires pay much attention to the theories of the socialization of the execution within the prison, being policy of the prison administration and the modernization of the prison sentence. They rethink about the system of imprisonment as the main mode of punishment and weigh the advantages and disadvantages, lastly introduce and create a different mode of imprisonment. Finally, go back to study the prison system in our country. In the scope of the sentence of imprisonment, heavy doctrine has been abandoned, and traditional mode of imprisonment is being faced to a huge challenge, so reform comes to being an inevitable task. Based on it, drawing lessons from the practical experiences and theoretical opinions and combining the situation of our country will be the fundamentals of the reform of the mode of imprisonment in the field of our criminal justice. All in all, this chapter concludes an effective method of reform and improvement of the prison system in our country though analyzing the weakness of the current prison system and the old theories of imprisonment the reform relying on.Crime must result in penalty, however, penalty does no passively act on crime. Each system of penalty, in fact, includes special policy target. Imprisonment, as a penalty to people’s rights and spirits, realizes some criminal policy purposes through the deprivation of the freedom and other measures. In other word, the system of imprisonment is to control and prevent crimes in order to face up to the increasing crime rate, rather than to inflict pains.
Keywords/Search Tags:the System of Imprisonment, Criminal Policy, the Mode of Imprisonment
PDF Full Text Request
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