On The Realization Of Punishment Function Of Prison Penalty Execution

Prison is the penal institution of the state,a tool of class rule,and an important part of the organ of state violence.It undertakes the responsibility of punishing and reforming criminals,and plays the role of educating the public,deterring potential criminals and comforting victims.The qualitative and function determination of prison generally is recognized by all countries in the world.Historical prisons did play a role of punishment,but insufficient emphasis on human rights,make people to turn pale at the mention of a prison.Therefore,prison became a synonym of bloody violence.With the development of the modernization of the prison,the punishment theory gradually not only attaches importance to the punishment of the criminals but also protecting their legitimate rights and interests.The development speed of punishment theory is far from the development of reform theory.In practice,they are placed in the position of disparity,and reform theory quickly become the core of prison punishment.The punishment itself should have the character of modesty,the execution of punishment should also reflect the characteristic,but the removal of punishment function is undoubtedly the result of overcorrection.This study started from the current situation of the the execution of punishment of light punishment and severe penalty.Firstly,the weakening of the punishment function and the actual situation of the prison education,labor and life was described.Combined with the theoretical basis of punishment function in the execution of prison punishment,the necessity of rational application of punishment was discussed and the problems caused by the absence of punishment function were analyzed from the aspects of punishment function and teleology,to point out the significance of punishment.Then,through analyzing the present situation of execution and the theory of punishment,the problems in the process of prison execution were claimed,mainly including their own problems and external environment problems.Their own problems mainly reflected in legal philosophy and leadership.For example,the pursuit of absolute security but ignoring punishment function,lack of attention to the subject of law enforcement and administrative guidance is directed by some,etc.External problems mainly reflected in the historical factors and public opinion,criminal legislation and connection between administrative execution and criminal execution.For example,the dark impression of the prison in history,the public high expectations for the reforming function,the relatively backward prison-related legislation,and the obstruction of information in the practical connection between judicial authorities,etc.Finally,on the basis of the analysis of the problems that existing in the process of prison execution in China,the punishment theory of foreign prison was compared with the educational punishment practice,including successful experience and the failure lessons.Under the premise of combining punishment theory and our basic national conditions,this study provided some suggestions and choices for the effective realization of punishment function in the execution of prison punishment in China,mainly including the revision of law enforcement philosophy,the sorting of prison leadership level,the rational use of police and the construction of Synergy mechanism,promoting criminal legislation,and improving the upper law to provide the basis for the subordinate system.Meanwhile,we should attach importance to the construction of legal teams,improve the transparency of execution,and pay attention to the positive publicity and guidance.Through the analysis of the system and practical level,this study found the causes of these execution problems,and made suggestions for the improvement of these problems,which would provide some reference for the effective work of the prison execution punishment function in China,so as to realize the punishment and reform function of the prison punishment execution.