| The correction is a sub-system of a criminal judicature, directly relating to the realization of the penalty goal. But correction in the community and the correction in the organization are two organic constituents of correction. Looking from present situation of the domestic researches, the scholars often separate correction in the community and correction in the organization. the scholars either study correction in the community only, or merely study correction in the organization alone. But to the correction in the organization,the research of it is studied only from the jail jurisprudence angle.Although some scholars individually make some introductions of the overseas correction theory, but very few people actual study from our country’s correction and from the whole or the systematical angle.Certainly, some scholars study from criminal legal science angle, including the issue of penalty in complementation.Because research angle is sole or macroscopic, the obtained conclusion is one-sided or generalized. So far, our country has not established a more complete system and scientifically correction theory. Therefore, the correction is the important issue which is worth studying earnestly.This research first systematically has studied the origin and the developing process of Chinese and foreign corrections, analyzed the developing characteristics and the reasons in different history in different times in Western countries, pointing out the difference between the traditional and the modern correction. Through inspecting the developing process, the author summarizes some basic paths or the rule of correction development. Certainly, the correction, as one kind of penalty incomplementaion way, is always established in certain crime aetiology and the penalty goal. In order to know the correction thoroughly, constructing scientifical correction ideas, the author also has carried on the review and the narration of the entire crime reason and the penalty goal theory achievement, pointing out all sorts of flaws of former theory, attempting to construct one kind solid and reasonable correction theory foundation. Its goal is for forming the correct value judgment, thus to form historical or the development angle, grasping the correction realistic condition from the theory foundation. In this foundation, The author generalized the theory of the correction basic connotation and the extension of correction, discussing the basic connotation of the modern times, and carrying on the analysis of the characteristics in the modern ideas of the correction. And the author grasps the just and the scientifical correction basic principle and discusses their correct connotation.the author proposes some opinions on how to implement these principles in the correction practice.At the same time, the author discusses the good and bad points of four kind of basic models in the modern correction domain,hoping to provide the valuable advisory opinion for our country’s scientifical correction pattern construction or the choice on how to construct the fair reasonable correction model.This article is composed of five parts in the structure, altogether having five chapters.The first part is inspection of the origin and the development of correction.Regardless of in the Western country or in our country, correction development has close correlation with social custom, custom, political system,and is influenced by crime reason, penalty goal and people’s functional understanding. In the early time, the penalty many take the retribution as a foundation.mot only being severe (even brutal), also having the obvious retaliation color.To the middle ages, as a result of the commodity economy development, the criminal law and the penalty had the development along with it, the penalty way includes the fine, besides the hard labor, the imprisonment, the exile, the corporal punishment and the death penalty. Deterrence holds the control status in the criminal penalty, the penalty method nearly does not have any correction thoughts.In the West, the religion has the profound influence to the law, the true correction idea origin lies the church clergy detains the system in the middle ages, which should be foundation in the modern correction idea or the system.In the West, the reason which this system emerges lies in preventing the clergy receiving humiliation and tyranny of the common custom law.Modern jail degenerating and the dark condition, finally raised the vital significance jail reform movement in the 18th century.After the reform, Europe’s jail appeared the new change:The imprisonment only meant to deprive the freedom, establishing imprisonment of rectifying the criminals, including the works, as well as all kinds of correction measures. Jail reform movement continuing, also has expedited the famous Pennsylvania system and the Auburn system in the 19th century, and afterwards,the spot notational system, the progression system, and the medical model or the recovery model, cause the correction to enter the time of the organization rectification.But the recovery model is established completely in compulsory on the punitive environment foundation, therefore it simply can not be possible to realize its goal. After the 1960s, influenced by Martinson Bomb and multitude of criticism opinion, the people start to seek the better correction model, causing the correction to enter the time of the community correction, so returning pattern appeared, which is the center of correction taking the community as a center, advocating the imprisonment only should be taken as the last method.Although, the people have the critics about the reintegration model as well, even the ideas of the denying the correction, reconstructing penalty or the isolation function, or denying penalty viewpoint has appeared, but the community correction,however, reintegration model is still one kind of most valuable correction model to choose.The correction’s developing path is approximately similar in our country and the West, although the correction idea starts in the Western, but in our country in ancient times, this idea appears in Zhou Dynasty, the penalty system has not experienced by the link. Criminal penalty system has experienced slavery penalty of cutting off the nose, Tattoo Castrating, the capital punishment as main steam feudal penalty system taking flogs, the stick, prisonment, Exile death penalty as main punishments which are two development phases. Embryonic form of the modern age’s rectification came into being in the beginning of end of the Qing Dynasty, but contained the modern correction idea, and has the socialism with Chinese characteristics.In the 1980s, following the promulgation and the execution of our country "Prison law",the correction has made big progress, and at the same time, it innovates unceasingly.The second part is on foundation and the reconstruction of the correction theory.The author first combs the West crime reason and the penalty goal elementary theory development path, constructing the correction science foundation theory.The western crime reason theory development may be divided into three period approximately, namely classical schools in the 18th century, real diagnosis schools of thought of the 19th century, initial period of crime biology and psychological school in the 20th century, intermediate stage crime sociological school, conformity theory of the 20th century last stage and present time. Crime aetiology of the classical school, cannot show the reason of the recklessness crime at least, because the recklessness crime is not rational choice of actor. The real diagnosis school of thought theory disregards human’s subjective initiative, and can not be unable to explain why in the identical kind of unusual factor or under the identical kind of factor influence, some people cause the crime, some persons actually do not cause the crimes. The modern crime biology theory, the psychology theory and the sociological theory do not approve determinism, compared with early crime real diagnosis school of thought,they are one kind of progress. Simultaneously, they also impelled the correction progress objectively. But they still could not reply why the human did meet the crime and could not overcome all unitary theory explanation.Looking from the Western crime reason research, the conformity theory development present situation is very difficult to get rid of various crimes reason basic position, and the supposition cannot compatible. Various theories characteristics are vanishing and cannot be unable to utilize. Comprehensive survey of crime reason research in our country,regardless of inner and the external cause theory, the multi-theories of factors, the comprehensive agent theory, their basic mentality is reasonable. But the above theory,at the same time, has its own limitation, and can not be able to make exhaustively reasonable showing of the crime reason.The author believed that, actor’s counter-social manner is the immediate cause for which the criminality occurs. When this kind of counter-social manner impels the actor to do the behavior or to create certain harm result, the counter-society’s manner primarily observes the crime on the transformation,and causes the occurrence of criminality. But human’s counter-social manner is formed in the social life, and is the reflection of the social being. It is in human’s congenital quality foundation, mainly by the latter education,the environment and individual practice decision will be the socialized defeat as one result, They are not decided by inhibition,nor by the biology factor and the social structure. Even the human had the counter-society’s manner, he may obey the criminal law’s order, not to cause the criminality, and not to change these into counter-social manner, because the human has the subjective initiative.The Chinese and foreign related penalty goal research mainly has five viewpoints. If retribution theory itself is true, it should solve the problem actually from the value philosophy angle for ever.In the name of defending need of the society, penalty power infinitely will be expanded, which will be the biggest flaw of special prevention and general prevention.The compromised theory intend to carry on reconciliation between the retribution theory and the prevention theory, but how the status of retribution and prevention is decided in the goal of punishment are not thoroughly solved, moreover both are also unable to be unified. The restorative theory’s biggest flaw is its utilization scope is extremely limited. But the dualism of penalty goal avoided various other saying’s pure emphasis of penalty’s retribution goal, and the biased and the one-sided attention of penalty prevention. But this viewpoint also had the flaw which cannot be overcome. For example, whether the retribution and the prevention can be unified is in doubt. Also there exists insufficiency that the penalty goal is artificially separated, which will finally causes unimportance of the prevention. But the fact that retribution is primary with the prevention as auxiliary is not obviously what a nation expects.The author believed,through the research,that the penalty goal is the criminal law’s goal, which serves the national goal and is restricted. It must be consistent with the constitution spirit and the principle.Therefore, the penalty goal is to protect citizen’s basic human rights.The third part is on the connotation and the characteristics of the modern age rectification. Through the understanding of basic connotation of rectification, rectification may be summarized as one kind penalty implementation which helps to arrive at criminal transformation and to help criminals to become the law-abiding citizen to return to society based on maintaining the society’s fairness, peace and safety, by special State agency, or in the relate social groups, and with the folk organization help, and under the social volunteer’s assistance, in order to carry on the safe imprisonment or to monitor the criminal. This concept contains four meanings:First, the correction is one kind of penalty implementation activity; Next, the correction is based on the foundation of imprisonment or supervising criminal’s safety; third, the correction objective is to help the criminals get transformation and cause them to become the law-abiding citizen to return to the society; Finally, the correction goal is to maintain the society’s fairness, peace and safety.Our country’s correction should have the above basic connotation, and have the following four basic characteristics:1. Characteristics of correction subject multiplex. The correction subject is made up of special State agencies, the institutions, the social groups and the volunteers.2. Characteristics of correction object. The correction object legal characteristic is:The criminals are the natural persons who have the legal responsibility, have implemented the harmed the behavior, have the counter-law (society) will, were the partial freedom, and whose rights of citizens are deprived legally or be limited; The correction object has characteristics of psychological are:The criminals are persons who have psychological(subjective) activity, and have the personality flaw and can be cured, simultaneously also have the individual differences;3. Characteristics of correction ways. The correction are penalty activity which have compulsory and the non-compulsion disposition, and are the whole of criminal’s imprisonment (or monitoring), the education transformation and the help of criminals,i.e, the correction is divided into three aspects, which have influence one another, and may be called the Trinity.4. Characteristics of correction status. Looked from criminal judicature system that, it is made up of four sub-system compositions of the criminal detection, the prosecution, the trial, implementation.the correction is sub-system in a criminal activity judicial system, which affects mutually with the detection, the prosecution, the trial interdependence.The fourth part is on basic principle of the correction; the author believed, through the research, establishment of the correction principle should depend on understanding of development of rectification, and must conform to basic characteristic and the crime psychology of rectifier’s the rule, and the rule of the behavior transformation, and is restricted by the goal of rectification, is the result of long-term accumulation of rich correction experience, and should adapt to the social development request. Taking this as the basis, the author thought the correction should follow the following principles:1. Principle of government by law. It requests the correction activity have to carry on legally, must respect all persons’rights of the criminals, the correction staff concerned;2. Educational principle. The correction education should the apply theory to reality, with a rule of different person facing different means, convincing people by reasoning, proceeding in an orderly way, and making the correction education and the psychology correction working together.3. Humanity principles.to respect the criminals’ human’s value and the personal dignity is requested, and it should safeguard criminal’s basic rights, and should use positive and effective methods to correct.4. principles of individualization. The correction should adapt to the crime reason, the body and mind characteristics, the cultural level, the financial circumstances, the professional characteristics of different individuals.5. principles Socialization, the correction in the organization should use socialized measures, with counsel before the release, establishing and maintaining the positive community and the diplomatic relation to realize resocialization of the criminals.The fifth part is on the basic model of correction;the rehabilitation, the reintegration,the punishment, the justice, are four kind of correction models,who have their basic connotations, theory base. But each kind of model also has the different advantages and disadvantages.For example, the rehabilitation model is established on school of real example, but the understanding flaw of crime reason is difficult to overcome. Certainly, stopgap measures of prevention is enhancing behavior-controlling force, or raising preventing- willpower of the criminality, but a permanent curing method is to remove the psychological manner of its counter-society. But the rehabilitation model suggests parole, and provides each kind place to meet the plan to urge the crime person to repent the upward viewpoint, which is actually reasonable. The rehabilitation model dose not obtain the remarkable positive effects, an important attribute is lack of the implementation effectively. The reintegration model emphasizes utilization community resources, eliminates society’s barrier of returning to society, reconstructs relation of criminal persons with the community, and causes the criminal persons to belong to the social life, which is smoothly reasonable. But the reintegration model uses too more, the non-imprisonment punishment that will be possibly reduced. The punishment and the justice pattern return to classical school viewpoint of criminal activity. The punishment pattern emphasized the initiative widely using the imprisonment strategy to punish the criminal, advocating constraining the crime with penalty and giving up the correction idea completely. They thought punishing the criminals is the social universal approval way, and punishment also has deterrence, isolation function. The punishment model initiators metaphysically regard crime, exaggerating human’s freedom of will, even neglects the social restriction and social responsibility. The correction development history had proven the defeat of the punishment model, the draconian laws cannot reduce the crime effectively, the pure penalty already cannot achieve its called deterrence. Moreover, isolation of the crime persons also is only temporary. Because the criminal psychology and the behavior custom have not obtained the correction,so they still will be able to pose the threat to the society. But the Justice model emphasized justice, equality, reasonability, advocated discarding the non-periodical punishment and the parole and limiting deliberation freely, thinking of avoiding excessive punishment. While developing to discard the force type, they advocated the voluntary participation of the criminal persons. Although, the Justice model is one kind of progress, it still had similar malpractice of the punishment models, not only difficult to achieve the fair goal, also difficult to effectively complete the special prevention duty. In order to choose the model, we should better absorb separately profits from the strong points of each kind of model to reorganize model and establish the new correction model. |
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