Research On System Of Prison Execution In The View Of Criminal Policy

Nowadays, the freedom penalty has been the main component part of the penalty system and the main measure to realize the target of the penalty all over the world. Prison execution has become the most important measure of the performance of the freedom penalty and the most important means to achieve the purpose of criminal penalty. Nowadays, the society is on the revolving stage, the social condition is altering, and the penalty system should be also changed as the same time as the powerful guarantee of the social transition. The criminal penalty is developing toward dispunishmentlization. Protecting human right and pursuing humanity has become the important aspects to be considered. The prison execution should be reformed accordingly to adapt to the altering of the social condition and the reformation of the criminal penalty. Realizing the criminal parties'inside and outside harmonization is the target of the criminal integration. The current system and the practice of criminal law is different from before, it is in the wide vision of criminal policy, the prison execution should be considered in the view of criminal policy, then, the problems of prison execution will be understood more comprehensively, the suggestions for the prison execution would be reasonably, pointed and in line with the social demand.The first chapter analyses the various kinds of doctrines of the criminal policy's definition to extract the author's understanding on the connotation of the criminal policy. And then the author puts forward the definition of the criminal policy, defines the value target of the criminal policy and concludes author's understanding from the viewpoint of highest target to the tempering criminal policy with mercy's target.The second chapter discusses the relationship between the criminal policy and prison execution:"Tendency of turning prison execution into criminal policy", and then advances that the target of prison execution in the vision of the tempering criminal policy with mercy is to enable the prisoners back to the society as far as possible, and use this fundamental target to guide the practice of the prison execution.The third chapter introduces the conflict between the prison execution and the target of prison execution, points out that the prison execution's features including closure property, non-creativity, non-freeness and the prisoners reliance on the regulations of the jail lead to the problems such as the prisoners'jialization, giving"criminal"labels to the prisoners, ect. These problems cause the difficulties for the prisoners'back to society. The fourth chapter puts forward the suggestions to improve the problems including the mutual influence in the process of the criminals'penalty execution, execution socialization, and the problem of criminal's professional skill education. These suggestions would lead the criminals back to society; author also proposes the advice of community correction to replenish the loopholes of prison execution. These suggestions will realize the targets of the prison execution and the criminal policy.