The Analysis On The Present Situation Of The Socialization Of Prison Penalty In China

The Analysis on the Present Situation of the Socialization of Prison Penalty in ChinaThis thesis bases on the criticisms of the closed prison penalty, makes an elementary probe for socialization models in China’s prison penalty. The present execution measures in China mainly exclude the criminals out of the society and through the man-made "prison society", fulfill the purpose of punishment and refreshment. The closed prison penalty model may handicap the re-socialization of the criminals; however, there is a deep contradiction between the object and the measure of the prison penalty. View from the process of the social development, China is undertaking a huge social reform, and the prison as one component of the society, though the people intend or not to put it into the fringing field, but the prison open gradually from closed that is the inevitable outcome in history. There are three parts in the thesis. As the first part of creation and definition of the idea of prison penalty socialization, author points out the definition of the socialization, the connotation of the prison penalty and the contemporary situation of socialization of prison penalty in China. To begin with, author proposes the concept of the socialization of prison penalty, indicates that surpasses the former prison penalty, and further analyses its characteristics. Then, the author gives an explanation to the ideological path and refers the formation of the prison penalty socialization is gradually developed by the penalty ideology. In the last part, the thesis analyses the present situation of this socializing procedure, and points out that is the trend of international penalty and practicing by all the countries. China should draw lessons from the experiences and adopt the socialization penalty model. The second part, the challenge faced in the procedure of penalty socialization in China’s prison, author mainly interprets the legal value from the socialization of prison penalty. There are five aspects of influences which are traditional penalty model, present prison system, social respect, prison aspect, criminals and their families. From these aspects the author considers the reasons of lagging behind. From the legislative and judicial practicing in China’s penalty of socialization, which points out present situation, chief problem and their reason, rethink the old-fashioned idea of penalty, unperfected penalty legislation, unreasoned prison arrangement and the backward of the penalty technology. It brings out the social reason of the handicapped facts, such as social, prison, relatives of the criminal, and the self aspects. Then, it points out China’s prison socialization still needs to be improved and developed. In the third part, author discusses the construction models and the prospect of penalty socialization in our country. Imprisonment is always the main form for the prison to make punishment. The ideal of socialist rule of law and the open up of the society challenge the traditional penalty and bring the penalty socialization. How to recognize it? How to construct the basic type of imprisonment and the un-imprisonment penalty model in a reasonable way under the confirmation of the foundation and the basic condition? This thesis makes a feasibility study for the development of the China’s prison penalty socialization. It gives constructive conceive to the study and discusses it from ideology, general developing thinking and specific reform measures. Considering the reality in China, we need to confirm the parole, probation and surveillance which on the basis of socialization system, further reform and improve the criminal classified system, enforce the opening punishment classified system. The keynote is to carries out the community rectifies system, enlarges the compatibility between the prison and the society and improves the protection of the people who are released form prison. Simultaneously, we need to take severity tempered with gentleness criminal policy, focus on the control of penalty socialization and tries to construct the Chinese-characteristic penalty socialization system. This thesis intends to analyses the deficiency in China’s penalty socialization procedure. It proves that why we enforce the penalty socialization and how can we make it. It further proves the reality and possibility of a moderate opening penalty socialization system in China.