On The Dilemma And Outlet Of Socialization Of Modern China

From the 1970s, the penalty execution becomes more and more scientific, humane, effective and democratic, and the socialization of execution has turned into the significant content in the reform of penalty in the Western developed countries. At the present time, the Western countries have gone through exploring and practicing in many years, have accumulated a wealth of experience, providing valuable experiences to our country's socialization of execution. Our country's traditional criminal theory constantly paid particular emphasis on the research of criminal behavior, however, there is still a comparatively weak region in the research of penalty execution theory which core is the dealing of criminal. Our country's present penalty execution has a low level of socialization, which prison degree is still heavily, there is a wide gap between us and the country which has a comparatively developed rule by law. All of these have seriously restrict our country's development of socialization of execution. The reason lies in the relationship in the concept of criminal law, the quality of legislation, the system of execution and so on. The article intends to the angle of view in criminal integration, analyses on the basis of the reason of the low degree of execution socialization, and draws lessons from the profitable experiences in legislation and practice in the West, finding and designing effective countermeasures and plans, to advance our country's reform of penalty which guiding in the socialization of execution, giving full scope to the operation of penalty. Therefore, it will be very significant.Except to the preface and conclusion, the article divided to four parts as follows:Part one:the survey of the socialization of penalty. It introduces its concept, intension, scope and the way of implement as a whole. To its concept, there hasn't got to a common view in theory, this article agrees to the concept which defined from the professor Fengweiguo to the socialization of execution:what is called the socialization of execution, it relates to avoid and overcome some defects in the punishment of imprisonment, to make the penalty to serve the goal of criminal resocialization, using the punishment of imprisonment carefully, as far as possible to use the punishment which isn't imprisonment, letting the criminal to be educated and transformed in the society, at the same time, can make the society to join the career of criminal correction, therefore, the penalty execution and the social development can keep in the same step, to create a advantage to the criminal's return to the society. Proceed in this theory, then analyzing simply in the intension of the socialization of execution. Its scope is the death sentence with reprieve in two years, life imprisonment, imprisonment, detention, punishment of control and deprivation of political rights which execute outside the prison. The way of execution mainly in the open prison, the system of ask of leave and leave the prison, execute a sentence outside of jail, community penalty and so on.Part two:the present situation and dilemma of the socialization of execution. Though our country has adopt many measures in practice, and has some achievement, but in a whole, it still has a low social degree. From the angle of imprisonment, the layout of prison is unreasonable, the mode of execution is lag behind, the system of it is urge to reform. From the angle of the punishment which isn't imprisonment, though there are probation, release on parole, control, fine and so on in our law, the application of it is rare, which restricts the raise of criminal effectiveness and the realization of the socialization of execution. There's still many problems in the community rectify, for example, the masses of the people always have the sense of heavy penalty, the level of community rectify isn't high, which for lack of the specialized agencies and workers. In addition, the protection work to the people who is discharged from prison is comparatively weak, the reason lies in the heavy penalty doctrine, the legislation of criminal execution is lagging, the system is disperse, which may well say we have many difficulties in the socialization of execution.Third:the extend application of the socialization of execution has its advantages. Though it just stating, and lag behind the Western countries in the aspect of the practice in execution, it has some advantages. First, the dualism of our society has already existed, the development of community becomes more and more mature, all of these laid a solid social basis to the mode execution which will changed from the traditional imprisonment to the direction of the socialization of execution. Second, the Western countries have an earlier exploring and practice of the theory of the socialization of execution, which theory is very mature. Though China has a different national conditions to the West, there's still many theories and practices worth to draw lessons to us. At last, in the long period of practice and grope, we have accumulated many precious experiences, exploring the way which is characteristic of China. Especially after the reform and open, our execution organization use the experience of the West for the reference in the aspect of transformation criminal, lighting of the actual, has adopt many new measures to transform criminal. All the above have laid solid basis to the development and improvement of our country's socialization of execution.Part four:the way of the socialization of execution in the angle of criminal integration. The part at the basis of the content above, finding the outlet of the present socialization of execution at the point of view of criminal integration. First is start from the intellectual level, to change our mind, complying with the trend of socialization of execution, which including to implement the criminal policy which is both strict and generous, setting up the scientific criminal and penalty outlook, pursuing the humanity of execution and transformation. Then in the practice of the criminal judicature, appealing to perfect execution legislation on the criminal legislation, stressing the public security organs, the Procurator, the Court to provide guarantee to the socialization of execution in their functions, proposing to improve the execution mode and build the mechanism to protect the people is discharged from the prison.