论出狱人保护制度的构建
发布时间：2018-10-08 10:18
【摘要】：出狱人保护是一项关系到社会稳定的重要工作，也是考量一国维护人权程度的标准之一。同时，进行出狱人保护也有利于行刑目的的实现。国外很早认识到出狱人保护与重新犯罪之间的密切联系，将出狱人列为弱势群体纳入社会保障体系。联合国预防犯罪和罪犯待遇大会通过的相关规则与决议对出狱人保护问题也予以关注。我国自建国以来就意识到能否妥善安置出狱人关系到社会环境的是否安定。因此，我国在不同的历史时期出台了不同的法规、规章及政策，还在相关的法律法规中规定了指导性原则予以支持，在某种程度上控制了我国的重新犯罪率。通过对我国出狱人保护的历史及现状的阐述和分析研究发现，目前我国出狱人保护存在经费短缺、帮教力量不足、管理机制不健全、各地的安置方式政策不一等问题。究其根本原因在于我国没有专门的出狱人保护法，而现有的相关部门规章及政策规定过于原则抽象，缺乏实际操作性。相比之下，一些西方国家对此有着丰富的实践经验、健全的组织机构和完善的法律制度。在健全法律制度的保障下，机构运行有序，出狱人的安置、就业等工作效率都非常高。因此，在我国已经具备构建出狱人保护制度所需的经济基础、法制基础和群众基础的前提下，可以在借鉴他国先进经验的基础上，结合我国国情，构建以国家为主导，社会参与的出狱人保护制度。一方面制定专门的出狱人保护法。从立法的角度将本国在出狱人保护方面的先进经验确立下来，明确出狱人保护的基本原则、保护机构、保护形式及范围等内容，强化出狱人保护工作的操作性，，为出狱人保护事业提供明确具体的法律支持；另一方面，积极实现行刑社会化，出狱人保护机构与监所合作，将出狱人保护延伸至其被监禁期间，对其进行社会化和再社会化，避免其形成监狱化人格的同时增强其社会化适应性，以保证其更好地回归社会，从而达到行刑目的的实现。
[Abstract]:The protection of people out of prison is an important work related to social stability and one of the criteria for a country to protect human rights. At the same time, the protection of people out of prison is also conducive to the realization of the purpose of execution. Foreign countries early recognized the close relationship between the protection of prisoners and the re-offending, and included the prisoners as a vulnerable group into the social security system. Relevant rules and resolutions adopted by the United Nations Congress on the Prevention of Crime and the treatment of offenders also pay attention to the protection of prisoners. Since the founding of the people's Republic of China, China has realized that the proper placement of prisoners is related to the stability of the social environment. Therefore, China has issued different laws, regulations and policies in different historical periods, and has also stipulated guiding principles to support them in the relevant laws and regulations, to a certain extent, it has controlled the recidivism of our country. Based on the analysis and analysis of the history and present situation of the protection of people out of prison in China, it is found that there are some problems such as shortage of funds, insufficient force of help and education, imperfect management mechanism and different policies in various places. The fundamental reason lies in the fact that there is no special protection law for people out of prison in our country, and the existing regulations and policies of relevant departments are too abstract in principle and lack of practical operation. By contrast, some western countries have rich practical experience, sound organization and perfect legal system. Under the protection of sound legal system, the institutions run orderly, the release of prisoners, employment and other work efficiency are very high. Therefore, under the premise that our country already has the economic base, the legal system foundation and the mass foundation to construct the protection system of the people out of prison, we can draw lessons from the advanced experience of other countries, combine the national conditions of our country, construct the country as the leading position. Social participation in the protection of prisoners. On the one hand, the enactment of a special law on the release of prisoners. From the angle of legislation, this paper establishes the advanced experience of our country in the protection of people out of prison, clarifies the basic principles, institutions, forms and scope of protection, and strengthens the maneuverability of the protection of people out of prison. On the other hand, to realize the socialization of the execution of the sentence, the organization of protection of the person out of prison shall cooperate with the prison institution to extend the protection of the person out of prison to the period of his imprisonment, and socialize and re-socialize him. To avoid the formation of prison personality and enhance its social adaptability, to ensure its better return to society, so as to achieve the purpose of execution.
【学位授予单位】：福州大学
【学位级别】：硕士
【学位授予年份】：2011
【分类号】：D926.7
本文编号：2256407
[Abstract]:The protection of people out of prison is an important work related to social stability and one of the criteria for a country to protect human rights. At the same time, the protection of people out of prison is also conducive to the realization of the purpose of execution. Foreign countries early recognized the close relationship between the protection of prisoners and the re-offending, and included the prisoners as a vulnerable group into the social security system. Relevant rules and resolutions adopted by the United Nations Congress on the Prevention of Crime and the treatment of offenders also pay attention to the protection of prisoners. Since the founding of the people's Republic of China, China has realized that the proper placement of prisoners is related to the stability of the social environment. Therefore, China has issued different laws, regulations and policies in different historical periods, and has also stipulated guiding principles to support them in the relevant laws and regulations, to a certain extent, it has controlled the recidivism of our country. Based on the analysis and analysis of the history and present situation of the protection of people out of prison in China, it is found that there are some problems such as shortage of funds, insufficient force of help and education, imperfect management mechanism and different policies in various places. The fundamental reason lies in the fact that there is no special protection law for people out of prison in our country, and the existing regulations and policies of relevant departments are too abstract in principle and lack of practical operation. By contrast, some western countries have rich practical experience, sound organization and perfect legal system. Under the protection of sound legal system, the institutions run orderly, the release of prisoners, employment and other work efficiency are very high. Therefore, under the premise that our country already has the economic base, the legal system foundation and the mass foundation to construct the protection system of the people out of prison, we can draw lessons from the advanced experience of other countries, combine the national conditions of our country, construct the country as the leading position. Social participation in the protection of prisoners. On the one hand, the enactment of a special law on the release of prisoners. From the angle of legislation, this paper establishes the advanced experience of our country in the protection of people out of prison, clarifies the basic principles, institutions, forms and scope of protection, and strengthens the maneuverability of the protection of people out of prison. On the other hand, to realize the socialization of the execution of the sentence, the organization of protection of the person out of prison shall cooperate with the prison institution to extend the protection of the person out of prison to the period of his imprisonment, and socialize and re-socialize him. To avoid the formation of prison personality and enhance its social adaptability, to ensure its better return to society, so as to achieve the purpose of execution.
【学位授予单位】：福州大学
【学位级别】：硕士
【学位授予年份】：2011
【分类号】：D926.7
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