Analysis On The Socialization Of Execution Punishment

The socialization of execution punishment condenses Humanistic Spirit and forces criminals to revert the society. Socialization execution punishment is the necessity in the development of execution punishment, but has not been much concerned in Chinese criminal law scholars in recent years. The socialization execution punishment has not been fully in-depth in theory and practice and necessarily been improved according to our criminal situation. The paper analyzes meaning and value of the socialization execution punishment, basing on our realities and problems, makes the related social system improvement of the socialization execution punishment.Besides the introduction, the main body consists of four parts, with a total of about 30 thousand words.In chapter one, mainly on the history and meaning of the socialization execution punishment.First of all, the author sums up the brief history of the socialization execution punishment in the paper. The ancient punishment based on vision and intimidation .Prison did not have the correct function. At the same time on the basis of the analysis of ancient criminal law, the paper investigates the originator and evolution of the socialization execution punishment. Describe points of the criminal classical school, the community of modern school and the school of social defense. The change of schools also marks the socialization execution punishment which develops from bud to mature, and indicates that the socialization execution punishment will become a world trend of the future development of the criminal enforcement regime.Secondly, on the basis of the analysis of the different viewpoints which scholars hold about the socialization execution punishment, the author finds out the content of the socialization execution punishment: in order to target offenders into the community again, caution sentence of imprisonment, as far as possible for the perpetrators of the lesser non-custodial sentence, heavier on the offense needs of imprisonment. We should promote the combination of social forces and prisons, and make criminals have correct education which could return to society. On the basis of the concept, analyze the humanitarian community values,democratic values and economic values of the socialization execution punishment. In chapter two, describe the development and problems of the socialization execution punishment in China.First of all, analyze the development of the socialization execution punishment in China. The current measures are grade treatment system,opening education,assistance and education signed an agreement and vocational training of offenders. These measures indicate that we have been exploring and promote the socialization execution punishment.Secondly, analyze problems of the socialization execution punishment in China. The prison layout,management,transformation methods need to be improved. The rate of probation and parole is not high. Protection of prison work situation is grim. Citizens who engage in social assistance and education reduce in recent years. Special protection mechanism is not formed and limits the development prison protection system.In chapter three, analyze the development of the socialization execution punishment in foreign countries and inspiration to our country.First of all, The author introduces four representative countries, they are the United States,Britain,Japan and Russia. The United States includes home detention,halfway houses. Britain includes community service orders,curfew and electronic monitoring. Russia includes labor reform and compulsory labor. These measures are the accumulation of social experience in foreign countries and could be a reference for our country.Secondly, analyze inspiration of the socialization execution punishment in foreign countries. Our country has been exploring and practicing the socialization execution punishment, but is still at a low level compared with developed countries. We could fully reflect the criminal enforcement of the socialization execution punishment, establish special execution of community organizations, explore a wide range of social measures of execution and promote the socialization execution punishment with modern technology.In chapter four, how to perfect the socialization execution punishment in our country. Socialization execution punishment is the necessity in the development of execution punishment, our country should change the traditional execution and make criminals quickly revert to the society.First of all, construct social execution system in prison. Prison should be rational distribution, set diversified types and human-based management. Improve the educational means to promote the offenders to return society. The author proposes to focus on the psychological treatment of offenders and applies knowledge of psychology to prison and criminal correction. Forming communication between the prison and social interaction and constructing the harmonious development of a good pattern. Create a progressive treatment system to mobilize the enthusiasm of offender rehabilitation.Secondly, implement a comprehensive community corrections system. The emergence and development of community correction system reflects criminal theory in the criminal judicial practice, and is the implementation of alternative measures to imprisonment. China has also been community corrections, but China's current penalty system is not fully realized the positive effects of community corrections .Community corrections need to be reformed. Legislate Community Correction Act which regulate correctional institutions and correct jurisdiction. We should establish special community corrections agencies. In my opinion, we could be equipped with the Ministry of Justice Prison Administration Bureau of Community Corrections in parallel and unify management of the National Community Correction. Local governments above the county's judicial and administrative organs to be dedicated to Community Corrections agencies.Finally, construct the prison protection system. Our country insists the policy which does not discriminate and give the way to people released from prison. But there are various reasons which lead the social protection of people released from prison. A complete system does not form. In my opinion, we should enrich the contents of the protection of prison and strengthen the guidance of psychological quality and employment. Improve the protection of the organization of the prison system and set the grading of the specialized agencies which are released by the specialized staff protection. Formulate special prison protection law which protects people released from prison.