监狱服刑人员教育改造社会化的法律思考
发布时间：2019-06-08 11:29
【摘要】：本文针对监狱教育改造中存在的问题——教育环境闭塞、压抑；内容和力法落后；教育的主体学历偏低、具有教育改造相关专业人员的缺乏；教育设施不足；分类管理不科学；监狱体制冲突等问题,完整地提出了教育改造社会化的构想。本文主要有以下几个方面组成： 第一,监狱的教育改造是一个系统社会工程,它包括：监狱的改造坏境正常化、教育主体社会化、劳动改造公益化、原判刑期实刑化、经济赔偿法定化等多个方面组成。服刑人员的教育由监狱转向社会,这种转化必然要求教育环境正常化；正常的教育改造环境势必使监狱的惩罚性减弱,为平衡教与惩的矛盾,必须限制减刑,做到原判刑期和实际服刑时间相符；教育改造社会化使服刑人员社会权利得到保护,因此,刑事经济赔偿必须法定化。这几个方面形成教育改造社会化的统一整体。 第二,在政策和理论两个方面来考察社会化的可行性。本文从“政策允许,理论科学”出发,在分析政策走向的同时,运用社会学,行为学,教育学,犯罪学等多种学科理论,对教育改造的科学性进行探讨,对现行教育改造形式与社会化的教育改造形式进行了比较。在此基础上,论证教育改造罪犯社会化的优越性和必然性。 第三,对《刑法》和《监狱法》进行了思考。《刑法》方面提出：对服刑人员的奖励要减刑、累进处遇、假释相结合,减刑的条件和幅度加以限制的观点。《监狱法》方面提出：为了有利于社会化,监狱管理权必须下放,以减小监狱规模；设立半开放式、开放式监狱,形成严管、半开放、开放监狱与社区矫正相对接的行刑模式；以减刑为诱饵的改造激励模式,逐步过渡到以社会化程度大小为手段的奖惩制度。把服刑人员的文化教育交给社会普通学校；技术教育由技校或技术学院完成；思想教育完全由社会来进行。劳动改造由监狱企业来实施,劳动有报酬；法律保护服刑人员的生活权益,劳动就有社会保障；社会机构和个人参与服刑人员的奖惩,促进公平、公正的实现。 教育改造社会化使得服刑人员的教育与惩罚相对分离,有利于解决监狱职能冲突的矛盾,提高教育改造的质量,减少重新犯罪率。
[Abstract]:This paper aims at the problems existing in the reform of prison education, such as closed educational environment, depression, backward content and strength, low educational background, lack of professionals related to educational transformation, shortage of educational facilities, unscientific classified management, and lack of professional personnel related to educational transformation, as well as the lack of educational facilities, the lack of classified management, and the lack of educational facilities. The author puts forward the idea of socialization of educational reform completely on the problems of prison system conflict and so on. This paper is mainly composed of the following aspects: first, the educational transformation of the prison is a systematic social project, which includes: the normalization of the bad environment of the prison transformation, the socialization of the educational subject, the public welfare of the labor reform, and the actual punishment of the original sentence. The legalization of economic compensation is composed of many aspects, such as the legalization of economic compensation and so on. The education of prisoners changes from prison to society, which inevitably requires the normalization of educational environment. The normal educational transformation environment is bound to weaken the punishment of the prison. In order to balance the contradiction between education and punishment, it is necessary to limit the reduction of sentence so that the original sentence is consistent with the actual time of serving a sentence. The socialization of educational reform makes the social rights of prisoners protected, therefore, criminal economic compensation must be legalized. These aspects form a unified whole of the socialization of educational transformation. Second, the feasibility of socialization is investigated in both policy and theory. Based on the theory of "policy permission and theoretical science", this paper discusses the scientific nature of educational transformation by using sociology, behavior, pedagogy, criminology and other disciplines while analyzing the trend of policy. This paper compares the current form of educational transformation with the socialized form of educational transformation. On this basis, this paper demonstrates the superiority and necessity of educating and reforming the socialization of criminals. Third, it thinks about the Criminal Law and the Prison Law. In the aspect of Criminal Law, it is pointed out that the reward for prisoners should be reduced, progressive treatment and parole should be combined. From the point of view of limiting the conditions and extent of sentence reduction, the Prison Law puts forward that in order to facilitate socialization, prison management must be decentralized in order to reduce the size of the prison; The establishment of semi-open, open prison, the formation of strict management, semi-open, open prison and community correction linked to the execution model, the reduction of punishment as the bait of the transformation incentive model, gradually transitioned to the degree of socialization as a means of reward and punishment system. The cultural education of prisoners is handed over to the social general school; the technical education is completed by the technical school or the technical college; and the ideological education is carried out entirely by the society. Labor reform is carried out by prison enterprises, and labor is paid; if the law protects the living rights and interests of prisoners, labor will have social security; social institutions and individuals will participate in the rewards and punishments of prisoners, so as to promote the fair and just realization. The socialization of educational transformation makes the education and punishment of prisoners relatively separate, which is beneficial to solve the contradiction of prison function conflict, improve the quality of educational transformation and reduce the recidivism rate.
【学位授予单位】：河北经贸大学
【学位级别】：硕士
【学位授予年份】：2011
【分类号】：D926.7
本文编号：2495251
[Abstract]:This paper aims at the problems existing in the reform of prison education, such as closed educational environment, depression, backward content and strength, low educational background, lack of professionals related to educational transformation, shortage of educational facilities, unscientific classified management, and lack of professional personnel related to educational transformation, as well as the lack of educational facilities, the lack of classified management, and the lack of educational facilities. The author puts forward the idea of socialization of educational reform completely on the problems of prison system conflict and so on. This paper is mainly composed of the following aspects: first, the educational transformation of the prison is a systematic social project, which includes: the normalization of the bad environment of the prison transformation, the socialization of the educational subject, the public welfare of the labor reform, and the actual punishment of the original sentence. The legalization of economic compensation is composed of many aspects, such as the legalization of economic compensation and so on. The education of prisoners changes from prison to society, which inevitably requires the normalization of educational environment. The normal educational transformation environment is bound to weaken the punishment of the prison. In order to balance the contradiction between education and punishment, it is necessary to limit the reduction of sentence so that the original sentence is consistent with the actual time of serving a sentence. The socialization of educational reform makes the social rights of prisoners protected, therefore, criminal economic compensation must be legalized. These aspects form a unified whole of the socialization of educational transformation. Second, the feasibility of socialization is investigated in both policy and theory. Based on the theory of "policy permission and theoretical science", this paper discusses the scientific nature of educational transformation by using sociology, behavior, pedagogy, criminology and other disciplines while analyzing the trend of policy. This paper compares the current form of educational transformation with the socialized form of educational transformation. On this basis, this paper demonstrates the superiority and necessity of educating and reforming the socialization of criminals. Third, it thinks about the Criminal Law and the Prison Law. In the aspect of Criminal Law, it is pointed out that the reward for prisoners should be reduced, progressive treatment and parole should be combined. From the point of view of limiting the conditions and extent of sentence reduction, the Prison Law puts forward that in order to facilitate socialization, prison management must be decentralized in order to reduce the size of the prison; The establishment of semi-open, open prison, the formation of strict management, semi-open, open prison and community correction linked to the execution model, the reduction of punishment as the bait of the transformation incentive model, gradually transitioned to the degree of socialization as a means of reward and punishment system. The cultural education of prisoners is handed over to the social general school; the technical education is completed by the technical school or the technical college; and the ideological education is carried out entirely by the society. Labor reform is carried out by prison enterprises, and labor is paid; if the law protects the living rights and interests of prisoners, labor will have social security; social institutions and individuals will participate in the rewards and punishments of prisoners, so as to promote the fair and just realization. The socialization of educational transformation makes the education and punishment of prisoners relatively separate, which is beneficial to solve the contradiction of prison function conflict, improve the quality of educational transformation and reduce the recidivism rate.
【学位授予单位】：河北经贸大学
【学位级别】：硕士
【学位授予年份】：2011
【分类号】：D926.7
【引证文献】
相关硕士学位论文 前2条
1 崔璐;“首要标准”在罪犯教育改造工作中的作用研究[D];云南大学;2012年
2 林茂;体制改革背景下监狱教育改造问题研究[D];华南理工大学;2013年
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