Font Size: a A A

Research On Criminal Classification Mode Of Chinese Prison

Posted on:2016-02-04Degree:MasterType:Thesis
Country:ChinaCandidate:W LiuFull Text:PDF
GTID:2336330488975494Subject:Law
Abstract/Summary:PDF Full Text Request
In the modern society with high rate of crime, the prison turns into the powerful tool to preserve the social stability with its absolute ability of partition. However, the rise of prisoners and the complication of constitution about prisoners prompt the prison to change the old mode and gradually conduct targeted classification toward the criminals, which helps to achieve the better effect in the construction input, monitoring and management as well as correctional education.The criminal classification in a modern sense refers to the system of prison management that complies with a definite standard, divides the prisoners into several groups and conducts targeted custody, supervision, treatment and corrective measures. Actually, crime classification system has turned into the core content of modern prison system. According to some people, whether it is advanced or not denotes a sign of measuring the development level of correction system in a country. There are a few main values of conducting criminal classification. Firstly, it is favorable to further supervise resources and protect the security and stability of the prison. Secondly, it is conducive to realizing individualization of execution and improving the effect of education correction. Thirdly, "affection" within the prison can be avoided, which realizes the special prevention of crime. Fourthly, it can make full use of the executive resources and optimize the resources distribution of prison. Fifthly, it can promote the professionalization of personnel with the division of labor and improve the overall quality of prison police force. The criminal classification turns up with the birth of prison. According to the historical records, the earliest prison is the "Huantu system" in Zhou Dynasty. At that time, there is a functional classification of respectively imprisoning prisoner awaiting trial and prisoner awaiting execution. Modern criminal classification system originates from western countries. Initially, the classification is to respectively imprison the criminals in accordance with gender and age. With the development of several hundred years, it gradually develops into the imprisonment according to the personal dangerousness, division of alert level and open treatment mode. In contrast, before the Qing Dynasty, the criminal detention of China belongs to an unlimited multi-line mixed living mode. Meanwhile, the development of criminal classification model is almost in a state of stagnation. From late Qing Dynasty to the time before the founding of new China, criminal classification in accordance with the gender and age has not been well executed, even though it has been put forward. In the early days about the founding of new China, methods of respectively imprisonment based on the term of penalty and severity of crimes are added, yet it is still in a relatively primitive stage. Until the past 30 years, the reform and opening up has brought the great liberation of thought. Moreover, some excellent theories and methods of foreign countries are gradually accepted by people. Thus, the criminal classification model in China enters the high speed development stage.The thesis will vertically recall the development history of classification system at home and abroad and explores the development direction of criminal classification. By conducting horizontal comparison research with criminal classification in oversea prisons, it refers to the advanced and scientific part of the theory and method and puts forward suggestions for improvement and perfection in the following aspects through combining national situations. Firstly, it shall set up the scientific criminal classification standard and provides the scientific basis for criminal classification. Secondly, professional organization for housing and classifying criminals shall be established so as to provide professional support for the criminal classification. Thirdly, it can increase open detention institutions, expand opening treatment and improve the correctional motivation of criminal classification. Fourthly, the prison can be classified so as to offer realistic basis for criminal classification. Fifthly, it shall set up perfect criminal classification model as well as optimize and maximize the supervision and correction effectiveness of criminal classification works.By referring to personal dangerousness adopted by most foreign prisons as the benchmark of criminal's separate custody and separate control, taking the correction needs as the measurement of criminal's separate treatment and adding risk management index as the trigger point of classification and regulation to make the criminal classification standard cover all phases of classification work, it can indicate the direction of realizing the purpose of classification and improving supervision efficiency and correction effect.From vertical aspect, the prison establishment can be divided into four levels like high alert level, moderate alert level, low alert level and half opening level. From horizontal aspect, the prison can be classified into adult male prison, adult female and juvenile management and education institute. In addition, the specialized criminal classification center and specialized prison such as prisons for sick criminals and drug addicts shall be set up separately. Notably, the foreign countries have always been trying the opening prison, such as the'Prison Restaurant'in India. However, according to the understanding of author on the traditional execution idea in practical work, it seems to be too early to talk about the completely open prison in China where the parole is not generally accepted. Supervision classification can be divided into five levels including level one (lax control), level two (liberal control), level three (general control), level four (strict control) and level five (tough control). Generally, criminals are imprisoned in different prisons and will be encountered treatment of different confinement degrees. Compared to the original three level (i.e. strict control, general control and lax control), the classification of five levels is more sophisticated, which makes the turnover of criminals between each level more flexible. Meanwhile, the reduction of proportion of marginal level and opening of the gap of treatment between levels make the progressive level treatment more attractive and can more stimulate the correction power of criminals.According to the author, the ideal classification model should be listed as follows. Namely, all the criminals transferred by the public security shall firstly enter the separately set dispersal center of criminals after classification review and comprehensive evaluation. Based on the assessment result, the new criminals will be classified for imprisonment and sent to the prison of the corresponding level. Moreover, mentally prisoners and criminals with other serious diseases can be directly transferred into prison hospital or other specified prisons. Combining with the information collected by educational organ for new prisoners, classification group of prison will conduct supervision classification so as to determine the detention prison and treatment standard for criminals. It is necessary to conduct assessment of dangerousness and correction degree for criminals serving sentences, carry out emergency situation and reclassiflcation by combining with other needs and correctly implement measures in accordance with changes of criminal control and correction need. Finally, before the criminal is released, it shall take the resettlement need as the major consideration, conduct classification of release and make criminals grasp appropriate living skills so as not to step on the road of committing crimes.In general, the thesis aims to construct criminal classification model that conforms to the Chinese prisons, namely, "'4534" model. With regard to the prison setting, apart from the traditional horizontal classification, the prison can be divided into high, medium and low alert level of as well as semi-open four levels. In terms of supervision classification, it divides the criminals into five levels, such as level one (lax control), level two (liberal control), level three (general control), level four (strict control) and level five (tough control), which implements multi-level differentiated treatment. As for the standard of classification, it adopts three indexes like personal dangerousness. correction needs and supervision risk. Apart from general file search and interview, it adds internationally-used tool of psychological scale about personality, behavior and cognition, which improves the accuracy of test. In terms of the classification process, three-level classification including imprisonment classification in jail, supervision classification after diversion as well as the adjusting classification in the supervision process can be executed toward the criminals. By taking the security as the precondition, such kind of classification model pursues the achievement of correction objective. Under the condition of guaranteeing the security, it can implement a multi-level progressive treatment model, strengthen the corrective incentives, maintain the corrective action and realize the corrective objective.
Keywords/Search Tags:criminal classification, status analysis, model study
PDF Full Text Request
Related items