A Sentence Of Imprisonment For Modern Research

The theme, imprisonment, of this dissertation is divided into five parts: the definition and characteristics of imprisonment, the development of imprisonment, the value of imprisonment, modernization and imprisonment modernization, modernization of the content of imprisonment in China, and modernization of imprisonment execution.The first chapter discusses the development and characteristics of imprisonment. It points out the definition of imprisonment and its basic elements: the deprivation of personal liberty, the length and special place of its execution, and labor work etc. This parts also makes comparison of the imprisonment history in China and in the west, indicating that imprisonment and its ideas in ancient China still inspiring appeared earlier than the west, but it can't be compared to the modern imprisonment due to the feudal background and low productivity of the time. With the invasion of the western culture in late Qing dynasty, the government was compelled to carry out the modernization of imprisonment, but it was doomed to be failure because of the semi-feudal and semi-colonial social system. And In modern China, preliminarily we have established imprisonment system in a whole accommodating to the modernization, but we still have long way to go in its full fulfillment. The earlier modernization of western countries was based on the development of commodity economy, influenced by bourgeois enlightenment thoughts and its own bourgeois revolution. In the modern monopolistic capitalism time, the thoughts of light sentence were reflected because humanitarian thoughts and human rights ideas were attached more importance, and the imprisonment incarnated further for the humanitarian atmosphere such as offenders' education and better lives. All these were embodied in some countries to different degrees. However, in 1990s,due to the emergence of some new forms serious crime, the western countries tended to aggravate criminal penalties, which emphasized the punitive aspect of imprisonment. In all, the modernization of imprisonment has experienced a dynamic development.Chapter two discusses the value of the modern imprisonment which is essential to the study of imprisonment modernization. With the influence of punitive grounds' synthetic ideas representing the modernization of criminal penalty notion, the value of imprisonment has experienced the development from simple retribution to deterrence, and to the deprivation recidivism, and then to the resocialization of criminals. Under the guidance of synthetic ideas centering on doctrine of educational punishment,imprisonment and its execution develops very quickly and gradually become the most adaptive criminal punishment of the ideas. It is also pointed out that notwithstanding its deficiencies, imprisonment is still of great value, it is the basic punishment method of the principle of adaptation of crime and punishment of the retribution concept owing to the diversity of its execution forms and separability of execution length. And since freedom has become the basic value of human being, imprisonment can effectively prevent crimes for it deprives and restraints freedom, forming its strong deterrence. And imprisonment affected by moralization notion has enriched criminal punishment execution, and gradually become the main method of moralization punishment accelerating the resocialization of criminals. It deprives criminals of freedom, confines them in specific places, eliminates personal risk fundamentally. In the whole penal systems, the imprisonment alone meets the needs of synthetic punishment, and realizes the separate values of criminal punishment. The deficiencies of its own constitute reason of the modernization, rather than the abolishment, of imprisonment.The third chapter focuses on modernization and the modernization of imprisonment. Modernization refers to the transform from traditional society to modern society, "it's a course of synchronous transform course of social multi-players concerning the profound changes of human life in all aspects, including...