On Individual Education of Criminals
On the education of criminals
After the implementation of the Criminal Law Amendment (VIII), prisons generally implement the reform method of scoring criminals and reducing their sentences by stages, which is meaningless to some criminals who limit their sentences. The education and reform of some prisoners whose sentences are restricted has become a new problem to be solved urgently in prison management. For deep execution? Combining punishment with reform, aiming at reforming people? To implement the scientific development of prison work, we must further strengthen the education and reform of criminals.
Keywords prison; Crime education
Education is a sacred social phenomenon of human beings, so education is also a part of criminal education reform. Our country's prison is the executive organ of national punishment, and we also know clearly that the purpose of prison is to better reform criminals and make them better integrate into society after they get out of prison. Article 3 of the Prison Law clearly stipulates that prisons shall implement the principle of combining punishment with reform and combining education with labor to transform criminals into law-abiding citizens. ? As can be seen from this law, the prison is connected? Combine punishment with reform, and combine education with labor? Only in this way can we perform the function of penalty execution and complete the fundamental task of transforming criminals into law-abiding citizens.
First, the concept of criminal education
As one of the three means of reform, the education and reform of criminals plays an extremely important role in continuously promoting the overall construction strategy of prisons, maintaining long-term stability of prisons and better building a harmonious society. Criminals' education refers to the activities carried out in prison to change criminals' bad habits of thought and behavior and teach them certain cultural knowledge and life skills. ? When this educational power is fully revealed, on the one hand, criminals will be infected and touched, and then struggle and choice will occur in their minds and souls, and the original value system and concepts will be threatened and disintegrated, which will continue and spread. With the deepening and strengthening of the educational reform of the prison people's police, criminals can accept the positive educational content of the prison people's police and internalize it into their own value system. ?
Second, the problems existing in the education of prison criminals
(A) the concept of criminal education is backward, emphasizing supervision over education.
Because we attach importance to supervision, we despise education both ideologically and in practical work. What is the purpose of prison? Save lives, transform people, and create people? The reform of criminals should be based on the internal changes of criminals. The education of criminals must emphasize internal causes, and supervision should focus on regulating behavior, not external causes. This superficiality only makes prisoners seem to abide by the law in their behavior, but the real reform in reality is not the case. In reality, prisons, including prison police, pay insufficient attention to the new problems such as psychopathy and psychological obstacles of criminals in prison, but only emphasize the importance of prison supervision and stability. Instead of solving these urgent internal problems of criminals realistically, we should pay attention to the education of criminals in the face of these practical problems. The stability of supervision cannot fundamentally solve the actual internal problems of criminals.
(b) Lack of systematic education for criminals
The education of criminals is a complicated and meticulous work, and we need to transform them into qualified law-abiding citizens. We haven't formed a systematic understanding of the whole criminal education. We only talk about criminal education from some aspects or several aspects. This systematic lack makes the education of criminals unable to achieve our expected results. It is counterproductive to emphasize the importance of each link alone. For example, there are a series of problems in prison management, labor reform and education reform, which are widely used to reform criminals. Theoretically speaking, these three ways should be interrelated rather than isolated, but in the specific implementation process, prisons often pay more attention to criminals' labor reform. In order to achieve a certain economic index, the labor index is regarded as the most important index to assess prisoners, and the important link of education is ignored. According to the theory of systematic science, prisons should make overall arrangements for all aspects of prison work so as not to be out of touch. This is an important means for us to reform criminals and prevent and reduce criminals from committing crimes again to the maximum extent.
(C) The education of criminals lacks all-round and personalized.
The contents and methods of prison education are not comprehensive and personalized, and the specific conditions of different criminals are different. Because everyone is different, there are differences among prisoners. No matter the level of knowledge, family environment or their own learning ability, different educational methods and contents should be adopted to give full play to the initiative and enthusiasm of criminals to receive education consciously. But at present, the actual situation is generally simple to gather all prisoners together to preach the unified and monotonous content, with little effect. On the other hand, the education of prisoners is only limited to the educational reform during their imprisonment, and they do not pay attention to the effect of prisoners returning to society. Ideologically, criminals have entered the society, and in our opinion, criminals have completely walked out of prison. In fact, the actual effect of criminal education is to pay a return visit to prisoners after they are released from prison. There is no such understanding in reality. Knowing that criminals are released from prison has nothing to do with prison, and there is no idea of comprehensive follow-up, so the whole system of criminal education is not perfect.
(D) The education of criminals lacks informationization.
With the development and progress of the whole society, we can't deny that we have entered the network era, and our daily life without network information will affect our lives. However, criminals serving sentences in prisons are a group that we ignore. The education of criminals itself lacks certain network information education, and criminals are out of touch with the real society after they are released from prison. Especially in remote and underdeveloped areas, prisons lack their own information equipment, and it is even more difficult to educate criminals in information. In reality, the prison wants to establish a prison information website, but the actual work lacks the management of computer professionals, and the content of the prison website is outdated and cannot be updated in time, so it has little effect. On the other hand, there is a great gap in the educational level of prisoners. Some criminals don't even know what the internet is, and the specific situation is quite different. It is more difficult for criminals to go to the information prison.
Three. Suggestions on Improving the Education of Criminals
(A) establish a correct concept of criminal education and reform.
The concept of education for criminals was not formed overnight, but changed from retribution to prevention and compromise. Retributism only emphasizes the punishment of criminals unilaterally, but ignores the education and correction of criminals. With the continuous development and progress of society, modern penology holds that the state should not only punish criminals, but also educate and reform criminals through punishment. Educate and reform criminals, so that they can abandon evil and do good and truly return to society. Since the reform and opening up, China's prison education has made some achievements, but the effect is not obvious. This is a difficult task for prisons and prison police. From the point of view of prison, we should establish a correct concept of criminal education and reform. In order to promote the rapid and stable development of society and transform criminals into law-abiding citizens, we must establish a correct concept of criminal education and reform, fully protect the basic human rights of criminals and establish a humanitarian concept. For the prison police, as a guide, the prison police must give full play to its role of help and guidance, and help criminals truly return to society from the perspective of criminal education and reform, so as to achieve good educational reform results. (2) Establish an all-round and open criminal education system.
Prisons need to build an all-round and open criminal education system, integrate prison and social resources, put the educational reform of criminals in the pattern of great social development, and put the reform and rescue of criminals in the context of truly returning to society. Perfect criminal education includes relevant theories, methods and effect evaluation system, which is the combination of theory and practice of prison criminal education. First of all, prisons and prison police need to understand and study the specific circumstances of criminals' crimes. Only on this premise can criminals be educated and reformed reasonably and scientifically. According to the needs of different types of criminals, different educational contents and methods should be applied, and at the same time, different educational contents and methods should be changed during and at different times after serving a sentence. Based on the individuality and commonness of criminal education in different criminals and different periods, the basic laws of criminal education are constantly summarized. Of course, for the education and reform of criminals, an open criminal education system is needed. On the basis of learning from the beneficial experience of the west, it is not enough to rely solely on prisons. It is necessary to fully mobilize all kinds of positive social forces, carry out targeted assistance and education activities according to the subjective and objective needs of prisoners, and establish an educational transformation mechanism that effectively combines prisons with society.
(3) Realizing socialization and individualization of criminal education.
Socialization of criminal education refers to the combination of prison and social forces in the process of penalty execution. According to the requirements of new forms and tasks, criminals are socialized by integrating social resources, adopting various ways and adopting socialized educational methods and contents, so as to make criminals adapt to society to the maximum extent. Socialization of criminal education is the inevitable development trend of prison execution, and the goal of prison is to prevent and reduce real recidivism by continuously improving the quality of criminal reform. Therefore, all prison work must attach importance to and improve the quality of prisoners' education and reform. At present, the socialization of prison education for criminals has attracted the attention of all countries both in theory and in practice. The socialization of prison education needs to integrate all kinds of useful resources. Incorporate ideological education, cultural and technical education and legal education into the big system of social education, make prison education an open system, break the closure of prison education, overcome the shortage of prison education resources, closely combine prison education with social education, and promote the socialization of prison education. On the other hand, the participation of social forces also reduces the mystery of prisons to a certain extent, which makes the whole society pay attention to and accept prison criminals, and makes the socialization of criminal education a long-term cause of the whole society. ? Individualization of prisoner education means that on the basis of adhering to the party's prison work policy and the work objectives and common requirements stipulated in the prison law, through the reform and adjustment of prisoner education, more reform conditions are created, so that prisoners have more space for self-education and self-development, and then new people with unique personal qualities can be created. ? Based on China's basic national conditions, most criminals have a low education level, and a large proportion are illiterate and semi-illiterate. These people themselves lack the consciousness of learning and have a certain degree of subjective tendency to resist education. So the responsibility of the prison is to make these criminals receive education under a certain degree of compulsion. At the same time, we should emphasize respect for individuality and individual rights of criminals. The deficiency of prison criminals' education in China lies in the lack of voluntary regulations and practice, which mainly relies on compulsory indoctrination education. Individualization of criminal education requires prisons and prison police to prescribe the right medicine on the basis of comprehensive and thorough analysis of criminals' personality. For every criminal, an appropriate educational reform plan should be formulated, including the whole process from admission to withdrawal, so as to adjust measures to local conditions, so as to improve the effect of criminal education reform.
(D) Using the prison information construction to promote the innovation of criminal education.
Under the condition of market economy, the education of criminals must implement the informatization construction of prisons, integrate informatization into the education of criminals, and adopt a series of informatization means to promote the reform of criminals. Using the prison management reform information system, criminals can manage and apply the information in the whole process of prison execution from the aspects of daily assessment, life hygiene and prison management. Psychological counseling, testing and video interviews are conducted through the internet to continuously improve the level of education and reform of criminals. At the same time, train a group of prison policemen, make them become prison informatization talents, implement specific work in practice instead of staying at the theoretical level, apply network informatization to the practice of criminal education and reform, timely and accurately feed back the situation of criminals and prison reform to the police, and make use of the psychological files of each criminal established in the prison to enable the prison police to carry out psychological counseling and individual education smoothly. At the same time, we will carry out educational themes and activities close to criminals' lives. The construction of prison informatization has created the necessary conditions for the principle of teaching according to place, time and person, and implemented targeted individual education. At the same time, the use of prison information platform can promote the psychological counseling and correction of criminals. However, the construction of prison informatization is a long-term and arduous task, which requires the joint efforts of prisons, prison police and our whole society.
In short, with the deepening of the reform of the prison system, the prison's function of reforming criminals is further deepened, and the prison authorities should always pay attention to? Remodeling? With the attitude of seeking truth from facts, we have made a breakthrough in the theory and practice of the specific work of criminal education. At the same time, we will focus on maintaining prison safety and social stability, and gradually realize the socialization of the way, process and strength of criminal education and reform with the help of social resources and strength. Only in this way can we promote the rapid development of prison work and realize a virtuous circle of social order.
refer to
[1] weeks. Analysis of the nature and status of criminal education in the new era [J]. Journal of Henan Vocational College of Judicial Police Officers, 2009(2).
[2] Jia Luochuan. On individualization of criminal education [J]. Journal of Shanghai University of Political Science and Law Management, 2000( 1).
The second paper on individual education of criminals
Analysis on the Ideal and Reality of Education for Prisoners in Prison
Cultivating law-abiding citizens who are physically and mentally healthy and re-adapt to society is the goal pursued by prison criminals' education. At present, the traditional execution system and execution concept in China make the education of criminals lack pertinence, adaptability and scientificity. It is an inevitable choice to establish a modern scientific concept of criminal education and build a scientific, socialized and personalized criminal education system to improve the efficiency of criminal education.
Key words: prison prisoner education, the concept of execution prisoner education, and the purpose of prisoner education
1. Ideal: It is a natural choice to improve the efficiency of education and let criminals return to society.
Open China has ushered in political civilization, economic prosperity and ideological and cultural progress. Opening to the outside world has also brought more and more severe challenges to the traditional education reform in China: the efficiency of education is declining. Throughout the history of the development of prison execution in the world, people increasingly realize that the punishment and education of criminals cannot lack the connotation of humanity and democracy, and must reflect the value of humanity and democracy. Only in this way can modern prison education be constructed.
(1) Humanism and democracy are one of the basic trends in the development of prison prisoner education.
In the evolution of the purpose of execution in the world, educational correction has been paid more and more attention in the development of prison execution system. The development of the concept of execution is influenced by the penalty system, and the human execution system has changed from life imprisonment to corporal punishment and then to freedom punishment. The corresponding concept of execution has also changed from retribution to prevention and compromise. In the history of execution, retribution thought originated from the primitive society of ignorance? A tooth for a tooth, a life for a life? Revenge concept and code of conduct. Then it gradually evolved into religious karma, moral karma and legal karma. During the period when legal retribution prevailed, the enlightenment thought of humanity, democracy and equality of the western bourgeoisie played a great role in improving modern prisons and giving criminals humane treatment. However, retribution emphasizes the punishment of criminals unilaterally, but ignores the disadvantages of education and correction of criminals. With the development of society, people pay more and more attention to criminal behavior and criminals. /kloc-After the middle of the 9th century, with the completion of bourgeois revolution in many western countries, the development of natural science and the influence of positivism philosophy, Philip and Liszt, the representatives of the criminal positivism school, think that the state should not only punish crimes, but also educate criminals with punishment, and education is the essence of punishment. Since then, the mode of corrective education has become popular, aiming at educating and correcting criminals, reforming criminals and returning to society. It not only adapts to the process of human social civilization, but also greatly promotes the humanitarianism of criminal execution.
After the Second World War, with the rise of modern correction system, the concept of people-oriented, humane and democratic criminal education has also been clearly reflected in the relevant documents of international institutions. Article 66 of the United Nations Minimum Standards for Prisoners (1955) stipulates: We should take care of prisoners' social background, criminal history, physical and mental abilities and habits, personal temperament, length of sentence and outlook after release from prison, and use all appropriate methods according to each prisoner's individual needs, including education, vocational guidance and training, social case investigation, employment guidance, physical training and moral quality strengthening, which can also be included in countries that may have religious concern. ?
(2) The purpose of prison prisoner education is to cultivate physical and mental health and re-adapt to law-abiding citizens in society.
Beccaria, a representative of the Italian criminal classical school, pointed out:? The purpose of punishment is not to make people suffer, nor is it to make people commit crimes disappear. The purpose of punishment is only to prevent criminals from endangering society again and to prevent others from committing the same behavior. ? In today's international society, penalty execution is no longer a single purpose of punishing criminals, but a variety of purposes coexist. China since the Western Zhou Dynasty? Conscious punishment? From the beginning to the unification of Confucianism in the Western Han Dynasty? Morality is the main punishment? 、? Teach with clear punishment? Like other legal thoughts, it embodies the combination of punishment and enlightenment. Influenced by modern western legal thoughts, Shen Jiaben, Minister of Justice in the late Qing Dynasty, advocated prison improvement and that prisons should be mainly suspended. Of course, due to the constraints of the times and system, the purpose and effect of prison inmates' education are still difficult to achieve. After the founding of New China, prisons in China worked in Mao Zedong? People can be transformed? ,? Our prison is a school? Under the guidance of other theories, article l of 1954 "regulations on labor reform in People's Republic of China (PRC)" clearly stated? In order to punish all counter-revolutionary criminals and other criminals, force them to reform themselves through labor and become new people? Article 96 of the Disciplinary Regulations for Prison Reform-through-Labor Teams issued by the Ministry of Public Security 1982 further stipulates the purpose of prison reform. Transform criminals into law-abiding citizens who support the socialist system and useful materials for socialist construction. ? Article 1994 of the Prison Law of People's Republic of China (PRC) stipulates: Prisons implement the principle of combining punishment with reform and combining education with labor to transform criminals into law-abiding citizens. ? Thirdly, combined with the requirements of social development and change, it is clear that the purpose of prison education is to transform criminals into law-abiding citizens, which is embodied in transforming criminals' negative and wrong ideas and criminal habits, improving their cultural level and cognitive ability, and cultivating corresponding vocational skills. For more than half a century, prison education in China has made gratifying achievements. With the trend of individualization, socialization and technicalization of prison education in the 2 1 century, it will be an inevitable requirement for prison training to focus on criminals and cultivate law-abiding citizens who are physically and mentally healthy and adapt to society.
Second, the reality: the reasons for restricting the quality of education for prisoners
As an important part of prison penalty execution, prison prisoner education undertakes the task of reforming ideas, correcting bad habits, increasing knowledge, cultivating skills and promoting prisoners' physical and mental health. However, it cannot be avoided that due to the invisible pressure caused by prison production and operation, there is a lack of in-depth investigation and study on criminals' criminal thoughts and penalties, especially in the aspects of legislation, content and means of criminal education, and specialization of educators, which has affected the effect of criminal education. It is necessary to study the deep-seated reasons that restrict the quality of criminal education in order to explore a new way out of the predicament of criminal education in China.
(1) The education of prisoners is subject to the traditional execution system and concept.
The education of prison criminals is influenced by the penal system and criminal law thoughts, and the education of prisoners often presents a mode of thinking adapted to this. If influenced by the thought of punishment retribution, the phenomenon of substituting punishment for education is more prominent in the education of criminals and is paid attention to in the process of criminal education. Mandatory? , despise the initiative of individual criminals; The education influenced by the imprisonment system has a strong color of isolation and closure, and there is less communication between prisons and society; Influenced by the concept of reform through labor, education for criminals is replaced by labor, and the reform effect of criminals is evaluated by labor. During the day, labor is the main task, and the education of criminals is mostly arranged in the spare time at night, so it is difficult to combine labor and education organically. In addition, the diversification of prison functions and the conflict of police's multiple roles all affect the realization of the educational purpose of criminals.
(2) The education of criminals lacks pertinence, adaptability and scientificity.
The contents of criminal education are mainly ideological education, cultural education and vocational and technical education. The content of ideological education for criminals overemphasizes the unity, standardization and uniqueness of ideological understanding, ideals and beliefs, and a series of contents such as world outlook, outlook on life and values are divorced from the ideological reality of criminals and the current social reality. As the motive force of ideological and political education, the notices and instructions of prisons at higher levels are used to carrying out large-scale activities according to the deployment of superiors, lacking independence, autonomy and pertinence. On the surface, it is vigorous, in fact. Cultural and educational teaching materials are lagging behind, and the content and level are not suitable for the age and education level of criminals; Vocational and technical education pays too much attention to the needs of prison production development and ignores the needs of criminals to return to society to make a living and obtain employment.
Collective education, individual education and social education are three basic ways of criminal education. In practice, the means of criminal education rely more on experience, and collective education focuses on classroom and becomes a mere formality. Individual education is superficial, often? For a headache? ,? Treat foot pain? Some attach great importance to the labor quota and the completion of production tasks of individual criminals, and even criticize and reprimand individual criminals regardless of their physical condition and skills; Social education can not be regular and standardized, educational activities are one-way, and criminals are rarely listened to; In the process of educating criminals, they are eager for quick success and instant benefit, do not follow the educational laws of gradual progress and teaching students in accordance with their aptitude, but only seek attendance and evidence collection rate, ignoring the actual effect of educating criminals.
(3) The ranks of prison criminals' educators can't keep up with the requirements of the times.
The construction of prison education team is the guarantee of criminal education quality. During the decades of prison reform in New China, prison workers have made remarkable achievements under difficult environmental conditions. Their firm political stance and selfless dedication are valuable spiritual wealth for prison workers. With the change of social and historical conditions, modern prison education pursues the value orientation of humanity, democracy and efficiency, and realizes the goal of re-socialization and social return of criminals. At present, prison educators are still police and teachers, with low overall quality, unreasonable knowledge structure and lack of professional talents. Educators lack the modern concept of crime education, and their understanding of crime education is not in place. They are busy with maintaining stability and seeking profits all day, so objectively they have no more time and energy to invest in education, and it is even more difficult to update their knowledge.
(D) Lack of legislative support for the education of criminals.
At present, there is no unified criminal execution code in China. The basic legislation on execution is the Prison Law promulgated and implemented in 1994, which has played an important role since its implementation. However, there are too few articles in the prison law, only 78, and only 13 is involved in educational reform, which leads to the lack of legislative support for many educational practice activities. At the same time, due to the lag of legislation, it is difficult to meet the needs of prison criminal education in the new period. Prison administration departments in various provinces in China have formulated some rules and regulations according to their own conditions. These practical rules and regulations have irregular and inconsistent requirements for education, and the provinces are compartmentalized, and even some contents are inconsistent with national laws and regulations, which seriously restricts the in-depth development of criminal education.
3. Transcendence: Establish the modern concept of criminal education and construct a new system of prison criminal education.
At present, the reform of criminals in China is undergoing a historic transformation from the traditional empirical model to the modern scientific model. From the point of view of penalty execution and prison theory research, the concept and educational purpose of prison criminal reform have attracted more and more attention. It is an inevitable choice for prisons to promote criminals' reform and return to society through criminal education and improve the quality of criminal education and reform.
(A) establish a modern scientific concept of criminal education
Adhere to the training of citizens who are physically and mentally healthy and adapt to social law-abiding as the starting point and destination of criminal education, establish the concepts of humanity, democracy and efficiency in the process of criminal education, clarify the key points of criminal education, respect criminals and care about their physical and mental health. Affirm the dominant position of criminals in educational activities and give play to the role of educators in organizing, guiding and helping. Mobilize the initiative and enthusiasm of criminals to receive education, and realize two-way benign interaction in the process of criminal education. Abandon the concept of sticking to the old ways and standing still, extensively absorb the scientific research achievements of nature, society and psychology, emancipate the mind, establish a modern scientific concept of criminal education, and promote the innovation of criminal education theory, system and method.
(2) A scientific, personalized and socialized criminal education system.
Scientific criminal education system means that under the guidance of scientific criminal education theory, the criminal education system, working mode and work effect evaluation reach an ideal state. Therefore, it is necessary to deeply study the causes of criminals' crimes, scientifically understand criminals and reasonably classify criminals. Actively explore the basic laws of criminal education, and discover the internal relationship and running track of criminal education itself. Find out the deviation of criminal education system and mode. It is necessary to use scientific theory to guide the practice of criminal education and reform, integrate criminal education means, actively absorb and learn from western prison correction concepts and technologies, innovate ways and methods of criminal education, build a scientific evaluation system of criminal education, and realize the transformation of criminal education from traditional experience to modern science.
The socialization of prison education, as an important part of modern penalty theory, has been widely concerned by all countries in the world, and China is no exception. Socialization of prisoners' education is to overcome the closure of prison work, increase openness, make full use of social resources, incorporate prisoners' cultural education and vocational and technical education into the social education system, clarify prisoners' learning system outside prison, change the structure of a single educator team, change the rigid and monotonous education model of prisons, change unilateral transportation, and give play to the image of moral authority and social educators.
Individualization of criminal education requires educators to take individual education according to different criminal reasons, life experiences, social background, educational level and personality characteristics of criminal individuals. Starting from the prison for criminals, we will work with criminals to make individual education plans for each criminal, plan the prison term, and determine practical reform goals. Improve the police's individual education ability and constantly explore effective methods of individual education.
(3) Specialization and diversification of prison criminals' educators.
The realization of the educational goal of criminals mainly depends on prison educators. The task of criminal education in modern prisons puts forward higher requirements for prison educators. Under the current situation, it is necessary to scientifically classify the posts of the prison people's police according to their professional skills and professional abilities, strengthen the training and introduction of professional skills for educational reform personnel and criminal psychological correction personnel, and promote the professionalization of the criminal education work team.
Criminals come from society, and the causes of crimes exist in society. In order to help criminals return to society, prisons must be equipped with a certain number of experts, scholars and teachers in sociology, psychiatry and social work, participate in formulating reform plans, intervene in psychological crisis of criminals, conduct professional training for prison police, educate criminals culturally, and realize the diversification of criminal education staff.
(4) Improve the legislation on criminal education.
Perfecting the execution legislation and unifying the execution legal system are the necessary guarantee to promote the education of prison criminals in China. According to the requirements of the development of modern execution, the state should formulate as soon as possible a criminal execution law with a wider scope and higher specifications than the current prison law, which is unified and coordinated with the criminal law and criminal procedure law, and improve the content system of the criminal execution law; We should speed up the formulation of prison administrative regulations and rules, expand the provisions on criminal psychological correction, social education, study and work outside prison, and clearly incorporate criminal cultural education into the social public education system to meet the needs of modern prison execution and improve the quality of education and correction.
References:
[1] Xu Jingfeng. Overview of United Nations activities and documents in the field of crime prevention and criminal justice [M]. Beijing: Law Press, 1992.238.
[2] Beccaria. On Crime and Punishment (M). Translated by Huang Feng. Beijing: China Legal Publishing House, 2002,438+04.
What is the course plan? What are the components of the course plan?
Curriculum plan, also known as teaching plan,