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The Reform Of Prisoners, The Chinese Model

Posted on:2013-09-14Degree:MasterType:Thesis
Country:ChinaCandidate:D ZhangFull Text:PDF
GTID:2246330362464957Subject:Law
Abstract/Summary:PDF Full Text Request
As inseparable as they are, crimes and criminals are common features of everyhuman society. Nowadays how to reform criminals has become a common issueconfronting every country globally, for it not only concerns criminals themselves, butalso pertinent to a country’ stability and development. Therefore, to better reformcriminals are not only the requirement of the fast-moving civilization, but also aninternal demand for China to build a harmonious society and promote its socialdevelopment. However, we cannot take for granted that the criminal reform camenaturally after the occurrences of crimes, on the contrary, it is a consequence caused bycertain achievement of human society in economy, politics, history, culture and military.In the long history of reforming criminals, countries worldwide worked out their ownpatterns by constantly keeping researching and readjusting on the basis of their nationalconditions. By researching the basic elements of their patterns and making the currentresults achieved by China a reference, the author defines the pattern of criminal reformas follows: in the context of world and laws and regulations of the United Nations,under the circumstances of the impact of each country’s particular domestic politics,economy, culture and history, the pattern of criminal reform is an organic combinationformed by basic elements such as reform theory, reform goal, reform methods, reformcontent and reform system.Based on the foreign history of criminal reform and current research results of theworld, the author carefully introduces the reform of other countries to us through theclues of time and space and defines the concepts of their patterns as well as analyzes thepatterns from five factors including reform theory, goal, methods, content and systemwith horizontal composition factors as the main point. Combined with the currentpractices of the criminal reform and related laws and regulations worldwide, the author,for the first time, divided them into2categories, the retributive pattern, while the otheris the instructive pattern.Since1949, China’s work of criminal reform has progressed and changed with thetimes and formed a typical cultural criminal reform pattern. After the issue of theAmendment (VIII) to the Criminal Law of the People’s Republic of China in2011, the11th National People’s Congress passed the Amendment to Criminal Procedure Law in2012and will implement it in2013, all these adjustments have already brought or will bring new challenges to China in this respect. On that basis, Chinese pattern is showingthe following trends--humanization, socialization, Means diversification. In addition, ifadjusts and improves continuously, Criminals modification work will be suited toChina’s national conditions and spirit of the time more.
Keywords/Search Tags:Criminal Reform, Chinese Criminal Reform Pattern, Foreign CriminalReform Pattern
PDF Full Text Request
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