我国监狱行刑权运行机制变革研究
发布时间：2018-11-17 10:11
【摘要】：以命令与服从、强制与被强制、单向推进为特征的我国监狱行刑权运行机制有着其固有的弊端,其以保护国家利益、社会利益为己任,体现监狱的优位,忽视对罪犯权利的保障。随着现代法治社会的发展,罪犯权利意识不断增强,这一弊端日益突显,已制约阻碍了监狱法治建设的进程。改革行刑权运行机制,适应现代法治对人权保障的必然要求,已成为各地监狱和学界当前面临的一个重要课题。如何通过改革行刑权运行机制,限制行刑权力,保障罪犯权利,并使两者趋于平衡状态,以实现监狱秩序的稳定和行刑效能的提高,正是本文所要探讨的问题。论文主要包括以下三个部分：第一部分是对监狱行刑权的概述。首先阐述了监狱行刑权的概念和特征,接着详细阐明了行刑权的性质应属于行政权而不是司法权,然后归纳了行刑权运行的原则。第二部分全面审视了我国监狱现行行刑权的运行机制。在全面分析现行行刑权运行机制特征和弊端的基础上,指出改革行刑权运行机制是保障罪犯权利、稳定监管秩序和提高行刑效能的需要。第三部分提出了改革行刑权运行机制的设想。主要包括革新行刑观念；改造行刑权运行程序,在运行过程中引入正当法律程序；改造现行行刑权运行方式,压缩其适用空间,丰富行刑权运行方式,引入柔和的、科学的手段。
[Abstract]:The operating mechanism of prison execution right in our country, characterized by order and servitude, compulsion and one-way advance, has its inherent drawbacks. It takes the protection of national and social interests as its own responsibility, and embodies the superior position of the prison. Neglect of the protection of the rights of criminals. With the development of modern society under the rule of law, the consciousness of criminal's right is becoming stronger and stronger, which is becoming more and more obvious, which has restricted the process of the construction of prison's rule of law. Reforming the operation mechanism of execution right and adapting to the inevitable requirement of modern rule of law for the protection of human rights has become an important subject facing prisons and scholars in various places. How to reform the operating mechanism of execution power, limit execution power, protect criminal rights, and make both tend to balance state, in order to achieve the stability of prison order and improve the efficiency of execution, is the problem this paper will explore. The thesis mainly includes the following three parts: the first part is the summary of the prison execution right. This paper first expounds the concept and characteristics of prison execution right, then clarifies in detail that the nature of execution power should belong to administrative power rather than judicial power, and then sums up the principle of execution right operation. The second part comprehensively examines the operation mechanism of the current execution right of the prison in our country. Based on the comprehensive analysis of the characteristics and drawbacks of the current execution right operating mechanism, it is pointed out that the reform of the execution right operation mechanism is the need to protect the criminal's rights, to stabilize the supervision order and to improve the execution efficiency. The third part puts forward the assumption of reforming the operation mechanism of execution right. It mainly includes innovating the concept of execution, reforming the operation procedure of execution right, introducing due process of law in the course of operation; Reform the current execution right operation mode, compress its applicable space, enrich the execution right operation mode, introduce soft and scientific means.
【学位授予单位】：西北大学
【学位级别】：硕士
【学位授予年份】：2011
【分类号】：D926.7
本文编号：2337407
[Abstract]:The operating mechanism of prison execution right in our country, characterized by order and servitude, compulsion and one-way advance, has its inherent drawbacks. It takes the protection of national and social interests as its own responsibility, and embodies the superior position of the prison. Neglect of the protection of the rights of criminals. With the development of modern society under the rule of law, the consciousness of criminal's right is becoming stronger and stronger, which is becoming more and more obvious, which has restricted the process of the construction of prison's rule of law. Reforming the operation mechanism of execution right and adapting to the inevitable requirement of modern rule of law for the protection of human rights has become an important subject facing prisons and scholars in various places. How to reform the operating mechanism of execution power, limit execution power, protect criminal rights, and make both tend to balance state, in order to achieve the stability of prison order and improve the efficiency of execution, is the problem this paper will explore. The thesis mainly includes the following three parts: the first part is the summary of the prison execution right. This paper first expounds the concept and characteristics of prison execution right, then clarifies in detail that the nature of execution power should belong to administrative power rather than judicial power, and then sums up the principle of execution right operation. The second part comprehensively examines the operation mechanism of the current execution right of the prison in our country. Based on the comprehensive analysis of the characteristics and drawbacks of the current execution right operating mechanism, it is pointed out that the reform of the execution right operation mechanism is the need to protect the criminal's rights, to stabilize the supervision order and to improve the execution efficiency. The third part puts forward the assumption of reforming the operation mechanism of execution right. It mainly includes innovating the concept of execution, reforming the operation procedure of execution right, introducing due process of law in the course of operation; Reform the current execution right operation mode, compress its applicable space, enrich the execution right operation mode, introduce soft and scientific means.
【学位授予单位】：西北大学
【学位级别】：硕士
【学位授予年份】：2011
【分类号】：D926.7
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