Research On The Classification System Of Prison Criminals

The development history of international execution and correction indicates that the development of modern execution system and correctional system is accompanied with the exploration of criminal classification; in one aspect, the scientific classification of criminals is a critical part of the modern prison system; in the other aspect, the criminal classification system is always the concentrated representation of the execution and correction thoughts in a certain historical period. At the present day, criminal classification of our country is still in a relatively extensive level, which is not adaptable to the development trend of social politics, economy and culture. It is necessary to structure a relatively scientific classification system of criminals on the basis of the new development of the execution and correction in China.The first part is on the development of classification of prison criminals in foreign countries. The foreign classification of crime with modern sense started from western countries, of which mainly is the emergent of the positive crime school that places emphasis on features of criminals, especially biological features, made classification of criminals in order to categorize crime, and hence, changed the crime classification of classical criminal school. Foreign classification of criminals has gone through a historical process of initial stage, formation, innovation and development, in which different opinions and theories exist in different stages, besides different standards of classification. In this process, such components as aims, methods, standards and classifications all undergo a development process that from non-professional to professional, from simple to complex. The classification method of combining qualitative and quantitative together based on different aims, standards can be considered as the basic method of the modern classification of criminals. Many of the content of foreign criminals classification is worthy of our study and reference. The point is that criminal classification is not a separate activity, but should be taken as the activity of correction and treatments, integrate it into the whole execution and correction of criminals. Besides, the classification of criminals is closely connected with the classification of prisons, and forms a relatively scientific classification system. The classification of criminals which tends to be technological establishes the standards and methods that are based on quantitative, combines not only quantitative and qualitative together, but also objective and subjective, dynamics and static. This makes the use of means and scale the basis of its content. The classification of criminals that becomes a vital method to evaluate criminals is stricter and more normative with professional organizations and personnel for the implementation of criminal classification which becomes the basic work of correcting criminals.Part two gives a discussion on the present condition of the classification of prison criminals in our country. In China, the criminal classification with modern sense can date back to the prison improvement in the end of the Qing Dynasty. After the liberation, the classification of prison criminals of new China has gone through the initial, formation and development stages. Based on the mode of trisection, in Article 39 of Prison Law promulgated in 1994, it is stipulated that: The separate detention and management of adult male criminals, adult female criminals and juvenile delinquents should be carried out in prison. Physiological and psychological characteristics of female criminals and juvenile delinquents should be taken into consideration when reformation proceeds. The separate detention and different management should be adopted according to types of crime, kinds of punishment, prison terms and performances in reforming oneself. What is more, it is stipulated that different educations should be provided for different criminal. The classification system of imprisonment, management and treatments is preliminarily set up. There is positive sense in the current criminal classification system; however, there are still some flaws: no scientific classification standard established; the technical content of criminal classification is not high; and operating procedure needs to be regulated. It is necessary to build up a criminal classification system that is in accordance with the present execution system and treatment mode. As to the classification of prison criminals of our country, several aspects should be inherited and promoted in the improvement of the criminal classification system. The basic classification should be improved further: in horizontal classification, adult male criminals, female criminals, juvenile delinquents and special criminals should be jailed and managed separately; in vertical classification, prisons with different systems of the grading of imprisonment security should be set up, and different management methods and custodial prisons should be chosen according to the danger degree of criminals, which are the fundament direction of criminal classification of China. With the integration of security, correction and treatment, the criminal classification should take the improvement of criminals'reformation quality as a primary consideration. Multiple methods should be used at the same time to manage and reform criminals, especially putting stress on scientific means and methods.On the basis of the above discussion, China's classification system construction of prison criminals of China is envisaged. The construction of criminal classification system based on the basic classification of prison criminals of China must serve the purpose of prisons; meet the requirements of security, correction and treatment; follow principles of scientific character, objectiveness, dynamics and feasibility; adopt the combination of subjective and objective classification, quantitative and qualitative methods. To be specific, it is 3421criminal classification system, which is: in the establishment of prisons, firstly, horizontal classification should be made according to traditional ages and genders, namely prisons for adult male criminals, prisons for adult female criminals, remand homes and special prisons. Based on horizontal classification and in accordance to the personal danger degree of criminals, vertical classification is made for prisons with high, middle and low levels of security imprisonment. In the aspect of custody, it is divided in to segregation, restriction, common and relative freedom. In classification methods, unified classification standards and means are implemented, including standards of personal danger degree and correction; as to means, not only the current general international scale, but also the chart of dangerousness of the person (RW measurement chart), evaluation sheet of inclination to high risk behavior (GW evaluation sheet), psychology, behavior, cognition scale and others for the purpose of improving accuracy of measurement. In the aspect of procedures of classification, two distributions of initial and follow-up imprisonments are done. In this system, the aim of correction is the foundation with security as the prerequisite and condition. Classification of treatments is one of correction strategies with the aim to inspire criminals'intention of correction, retain correction action and ensure the achievement of the aim of correction.