On The Execution Problem Of Short-term Prisonment Penalty And Its Solution

Of short-term prisonment penalty during a penalty for a definition of sexual expression,mainly in the field of penalty applies to those crimes is relatively slight criminal,use of imprisonment penalty and rectified.On the criminal responsibility theory,applying the felony criminal sentences,the crime is relatively minor criminals sentenced to a lighter punishment,this is in conformity with the principle of balancing the offense,in the aspect of theory is also a kind of reasonable arrangement.Problem is too mechanical to apply this principle to the practice,without considering the criminal personal situation,the specific way of execution and specific way of the execution of the impact of the sinner will make punishment execution effect.Of short-term freedom penalty applicable objects are mostly minor crime,subjective vicious little criminal offence,this is decided by its sentence reflects and,but for the criminal is still to be held in the prison execution of punishment,the result is:on the one hand,the term of short-term freedom penalty of "short" determines the use of deterrence,punishment its utility will sell at a discount greatly;Of short-term freedom penalty,on the other hand,indicate "freedom penalty" criminal in prison sentence,however,the subjective and objective risk would not have been high criminal once put in prison execution,it may be due to the prison,the acquisition of new crime,namely criminal offence which was not too bad will become worse,at the same time,it may be due to the effect of marriage and family relations,the alienation,causes such as loss of a job to return society.Of short-term freedom penalty at the above problem is ignored in the way,the execution mode matches and,as a result of the interaction of the individual situation of short-term prisonment penalty punishment problems with the purpose of punishment is the rebellious.Therefore,how to take care of the relationship between the criminal and the way of execution and the choice of execution mode,and then to comply with the purpose of punishment,is the effective way to solve the problem of short-term free punishment.Under the guidance of the above mentioned phenomenon,causes and problems,it is found that the individualized path of execution and the socialization path of execution have a higher degree of fit.That is to say,the petty criminals are not sentenced to prison,but to be served outside the prison as much as possible;For recidivism,etc have still make the dangerous criminal in the prison execution of punishment,at the same time by criminals in grading,classification,place the prison execution socialization to promote this part of the criminal rehabilitation and return to the society.The foreword of the article mainly introduces the evolution of short-term free punishment and the background of the debate,and concludes that the main problem of short-term free sentence is execution.The first part is the definition of short term freedom penalty based on the standard of punishment and sentence.In the second part,the reoffending rate and resocialization degree of short-term free prisoners are investigated.The third part put forward of short-term freedom penalty execution and found poor execution effect of reasons,including unreasonable place in the way,the classification of the inmates too,slack execution ways too single namely sealing ability is strong;In the fourth part,the two paths of the individualization of execution and the socialization of execution are taken as the countermeasures to solve the problems of short-term free execution.Finally,in the fifth part of the article,we conclude the whole article.