Socialization of penalty execution is to attach importance to the role of social factors in penalty execution, so that criminals can easily return to society and shape their beliefs and personality in line with normal social life. There are many disadvantages in the traditional prison execution environment that are not conducive to the socialization of criminals, and the effect of the execution reform of imprisonment is extremely limited. This paper attempts to construct a socialization model of execution in line with China's national conditions through realistic thinking on the socialization of execution.

Keywords: socialized prison for execution

Thoughts on Realizing Socialization of Execution

Zhou Zhijun, Xu Mei

Abstract: the socialization of execution focuses on the social factors in the process of execution. It helps criminals to return to society, and establishes a normal living environment and social personality for them. The traditional prison execution method has many obstacles in helping criminals return to society, and has little effect on reforming criminals' personality. This paper attempts to construct a socialization path of penalty execution suitable for China's national conditions from the perspective of realizing penalty execution.

Keywords: execution of penalty; Prison; socialize

First, the interpretation of the connotation of socialization of execution

Since there has been punishment, there has been execution. As an execution activity of penalty, execution is closely related to penalty itself. However, the penalty movement has its inherent laws, and its basic trend is that the penalty is from heavy to slow. Before the free punishment ruled the penalty system, the death penalty and corporal punishment were popular. After the Renaissance, the capitalist concepts of freedom, equality and humanity were deeply rooted in people's hearts. People are increasingly aware of the cruelty and barbarity of the death penalty and corporal punishment, and the demand for abolishing and restricting the death penalty and corporal punishment is increasingly strong. As a result, the penalty of freedom has become the most important penalty in the penalty system. As Japanese scholar Yasuhiro Fukuda believes: "The history of punishment is the history of human beings, which records the changes of outlook on life. By the19th century, corporal punishment and death penalty, which once occupied the throne of punishment, were gradually replaced by free punishment. " Throughout the history of the development of freedom punishment, we can see that freedom punishment in all countries of the world has developed from simple punishment to the combination of punishment and reform. The penalty of modern freedom punishment not only includes the punitive contents of depriving criminals of their freedom and severely punishing them, but also includes the cultural, technical education, reeducation through labor and psychological correction of criminals by absorbing management. Prison education, scientific management, organized labor and psychological correction are the execution of punishment. It is the trend of historical development that the execution methods range from cruel physical punishment to free punishment in prison, and then to the socialization of execution closely related to society as mentioned in this paper.

The so-called socialization of execution means that in order to avoid and overcome some disadvantages of imprisonment and make criminal execution serve the goal of socialization of criminals, imprisonment should be used with caution, and non-imprisonment punishment should be applied to criminals as far as possible, so that they can receive education and reform in society; At the same time, criminals who need to be imprisoned for serious crimes should be exposed to society as much as possible, and society should participate in the cause of criminal correction as much as possible, so that criminal execution can keep pace with social development and create favorable conditions for criminals to return to society smoothly. This definition emphasizes the unity of execution means and execution goal, that is, the goal of socialization of criminals through socialized execution. ② The reason for the rise of the theory of socialization of execution is the inevitable result of the development of punishment, and it is a brand-new penalty thought after people re-examine punishment and execution efficiency. Socialization of execution is based on the concept of humanization of punishment, which requires that human rights and dignity be placed in the supreme position. On the premise of personality correction, the socialization of execution with the goal of returning criminals to society embodies the humanistic value of execution, which can be said to be the in-depth development and inevitable destination of humanization of execution. The theoretical background of socialization of execution is the rise of educational punishment theory, which regards punishment as a method of educating criminals. It holds that people are highly malleable and can do good or evil under certain conditions. We should expand the strength of education, consolidate the good aspects and narrow and prevent the bad ones. In order to achieve the goal of educating and reforming criminals, we should choose various appropriate methods, not only using prison measures, but also widely using non-custodial sentences. In a period of time after their release from prison, we should further strengthen their education and protection, and really play a role in consolidating the results of execution and preventing recidivism.

Second, the disadvantages of traditional prison execution

Criminals are the subject of criminal behavior and punishment. Traditionally, the place to punish crimes is prison. However, the social environment imitated by prisons may not be the living environment that prisoners will face after the end of punishment. "Free punishment may deprive criminals of their subjective initiative while eliminating their personal danger. Because of this, the author believes that there are many disadvantages in the prison environment that are not conducive to the socialization of criminals: First, imprisonment suppresses some basic needs of people. Imprisonment is the most severe punishment for crime except death penalty. Deprivation of freedom will inevitably cause some pain to prisoners, because freedom is one of the most basic rights enjoyed by citizens. The deprivation of freedom, heterosexual relations and long-term heterosexual relations will lead to a high degree of sexual repression and pain for many prisoners. Second, prisons brand criminals as "institutionalized" and create morbid personalities. " It is inconceivable to lock a person in a high-security prison for many years, tell him the time to sleep and get up every day, tell him what to do every minute, and then throw him into the street, expecting him to become a model citizen. "(4) Because the life of criminals is completely institutionalized. There is a wonderful dialogue in the American film "The Shawshank Redemption". Through the mouth of a prisoner, the institutionalized effect of prison life is described simply and profoundly: "Prison life is a routine. After serving 50 years in prison, Lao Bu, a prisoner who was granted parole, deliberately attacked his cellmate on the day he learned that he would be paroled, hoping to spend the rest of his life in prison. "..." Third, the negative impact of prison execution on criminals' families. As Professor Chen Xingliang pointed out, although punishment has been reduced in modern society, as long as punishment exists, it can only bring pain to criminals. This kind of pain not only brings pain to criminals, but also has a greater negative impact on their families. The increase in the number of single-parent families and the fact that children without parental care end up on the streets are the reasons for social instability. Fourth, although prison enterprises provide certain conditions for criminals to learn labor skills, due to the professional scope of prison enterprises and the overall technical level of enterprises, the level of knowledge and skills learned by criminals is still limited, which can not meet the needs of social development and often makes criminals feel at a loss when they return to society.

Third, the realistic construction of China's socialization of execution.

Socialization of execution requires relaxing the freedom of criminals, broadening the connection between criminals and society, promoting criminals to master life skills and relevant social knowledge, and finally promoting criminals to return to society. Criminals, as a minority in society, are in a weak position under the control of a powerful state violence machine. How to better mold criminals' beliefs and personalities that conform to normal social life and return to society smoothly?

(1) Promote the socialization of prison execution and improve the level of prison execution.

Compared with closed treatment, open treatment is characterized by breaking the high wall of traditional prisons, greatly reducing the binding force of the body and increasing the trust in prisoners. Setting the level of open treatment can promote criminals to return to society as soon as possible. Promoting criminals to adapt to society and alleviating or eliminating the contradiction of lagging socialization of criminals is an inevitable requirement for prison work in a market economy society. After the prison has set an open treatment level, criminals can get open treatment as long as they actively accept reform. Criminals who receive open treatment can directly participate in social life, although they are not completely free. Criminals who receive open treatment can basically receive information about social development in all directions, and at the same time, they can master knowledge and skills that are more in line with social needs. If criminals directly serve the enterprises with relatively rapid technological updates and better meet the needs of social reality, they can be promoted to master more advanced and practical skills. This can shorten the socialization time of criminals, shorten the distance from society and promote criminals to adapt to social life as soon as possible. At present, there are three main forms of open treatment: ⑤ field system, family leave system and semi-free system in facilities. The so-called field system, also known as "work parole", is to organize prisoners to work in social enterprises outside the prison like others without guards, and then return to prison life after work. For example, the "open prison" in Britain, the "semi-free system" in France, the "halfway training center" and "pre-release counseling center" in the United States, and the "foreign service producer" in Taiwan Province Province, China, are all in this way. China can establish an open treatment system, create new labor opportunities for criminals by organizing qualified criminals who show repentance, actively accept reform, and will not harm society after being released from prison. It can also be adjusted that prisons can organize qualified criminals to carry out labor contracting activities in society when there are insufficient labor posts in prisons. When there is a shortage of labor in prison, the prison can tighten the labor activities outside the prison to meet the needs in prison.

The principle of individualization of execution requires different criminals to be treated differently. Because in order to make the punishment aimed at reforming criminals really receive fair and reasonable good results, we should make different discretionary punishments. ⑦ According to the different treatment of criminals, different detention facilities should be provided. These detention facilities should be able to meet the different demands of criminals for freedom. As a result, there have been prisons or prison areas that are open to varying degrees. The author thinks that the mature places in China should consider establishing semi-closed prisons (or intermediate prisons) or even fully open prisons. Semi-closed prisons can be applied to prisoners who are about to be released from prison, so that they can work with ordinary people in nearby workshops or workshops during the day, communicate freely, call the roll at night and put them into prison after verification. This will allow it to contact the society and prepare for the normal life of the society after release. Open prison refers to a new type of prison that does not use tangible means such as walls, locks and guards to prevent prisoners from escaping. The only thing used to maintain prison discipline is the threat of being sent back to a closed prison at any time. Prisoners in open prisons are not subject to strict and continuous surveillance and are free to receive responsibility training, education and work. Open prisons are often suitable for prisoners who are serving short-term free sentences or are about to serve their sentences. We have pointed out that in the historical process of the penalty movement, the penalty has always developed from severe to lenient. This is the basic law of penalty movement. Promote the socialization of prison execution, change the execution mode of imprisonment penalty, set an open level of treatment, and allow criminals who actively accept reform, do not harm society and meet legal conditions to leave prison to participate in labor contracting or other social labor organized by prisons, so that the prison execution in China will develop from closed to open, which is a concrete manifestation of respecting the law of penalty movement and consciously acting according to the law.

(2) Building a community correction system to promote the practical operation of socialization of execution.

Community correction is a community-based system and method to correct criminals, which has been popular in western countries since 1970s and 1980s, and has been affirmed and advocated by the United Nations Organization for Crime Prevention and Control. It is not only the concrete embodiment of the western educational punishment thought, but also the concrete implementation of the economic principle of punishment and the principle of economic punishment, and also the concrete implementation of the requirements of socialization, individualization and humanization of punishment. Community correction embodies the spirit of modern criminal policy and the theoretical trend of light punishment and socialized execution, conforms to the trend of socialized execution system reform in prisons all over the world, and is conducive to comprehensively improving the quality of criminal education and reform and reducing and preventing recidivism. Implementing community correction is not only the need of criminals' re-socialization, but also the responsibility of society. One of the main tasks of community correction is to help community prisoners solve difficulties and problems in employment, life, law and psychology, and help them adapt to social life smoothly. However, it is difficult to solve the employment and life problems of criminals in the community. At present, the number of laid-off workers is increasing, and the national employment situation is very grim. Because most community prisoners have low academic qualifications and poor quality, they are often in a weak position in employment competition, and it is difficult to find ideal jobs. If we can't properly arrange their employment and life problems, it may become a hidden danger for them to commit crimes again. Combined with China's reality, the author believes that the construction of community correction system in China can start from the following aspects:

1. update the concept of punishment and establish the concept of paying equal attention to non-imprisonment and imprisonment. China is a country with thousands of years of feudal history, and the idea of severe punishment is deeply rooted in people's minds. As some scholars have described it, "the doctrine of severe punishment, like an unavoidable ghost, has been lingering in the hearts of Chinese people." ⑧ Shang Yang put forward thousands of years ago: "The execution is light, the light one will not come, and the heavy one will not come. This means that the punishment will be punished and the punishment will be punished. " The emergence of the concept of socialization of execution is a great challenge to the severe punishment in China, and it also conforms to the trend of penalty development. To construct the community correction system, we must fundamentally change the concept of severe punishment, eliminate the one-sided concept of imprisonment, clarify the principle of careful use of imprisonment, and establish the penalty concept of paying equal attention to non-imprisonment and imprisonment. The application of punishment should pay attention to the reform of criminals and how to make them return to society smoothly. The author thinks that the fundamental way is to change the traditional concept of severe punishment and actively create a community correction system.

2. Improve the criminal legislation related to community correction. First of all, improve the existing legal provisions related to community correction. Among them, criminals should pay compensation to the victims, take part in public welfare work, pay a certain amount of deposit and so on, and appropriately expand the scope of application of public surveillance punishment. Appropriately relax the upper penalty limit of probation, and consider raising it from the original 3 years to 5 years; Appropriately shorten the time limit for the actual execution of the sentence in the parole conditions, and appropriately expand the scope of application of execution outside prison. Secondly, in order to develop China's existing penalty system, it is necessary to add a clause of cautious use of imprisonment in the criminal law and actively lead the progress of the public's criminal law concept. Should the transfer system and the penalty exchange system be established in time? And the personality investigation system of the judgment object before the court's judgment. When the time is ripe, we should consider making a national community correction law. Standardize the community correction work from the entity and procedure. It mainly includes the principles, executing organs, applicable objects, applicable procedures, rights and obligations of the corrected, rewards and punishments, execution procedures, community correction management system, etc., so that every work of community correction has a clear legal basis.

3. Focus on increasing community service punishment. Community service, also known as social service order, community service and labor remuneration abroad, is a way for the court to order the defendant to engage in public welfare work in the community for a certain period of time as social compensation. Since 1972, when the British legislation first introduced the community service penalty, the community service penalty has developed rapidly. By the 1980s, most western European countries, the United States, Canada, Australia and other countries that exceeded13, introduced this kind of punishment. It tries to make criminals educate themselves and improve themselves through voluntary labor. ? Community service punishment conforms to the purpose of socialist punishment in China, not for punishment, but for crime prevention. In our country, a new form of community service punishment also appeared in the execution process, and achieved good social effects. On March 17 this year, the Juvenile Court of Nanjing Xuanwu District Court issued the first "community service order" in Jiangsu Province, and a robbery case of middle school students was completely handled. That is, after careful investigation, the court made a bold decision, suspended four juvenile offenders, and issued a "community service order" to them, instructing them to work for the elderly for two months free of charge in Nanjing Houzaimen Street Nursing Home, and then try them as appropriate after the investigation. Two months later, the court reviewed their actual actions in many aspects and agreed that they basically achieved the purpose of punishment and education through their own practical efforts. In the end, the court made a final judgment and exempted him from criminal punishment according to law. ? This means that although they are not imprisoned, they can happily return to their familiar classrooms. In fact, for these minor crimes, if they do not have the possibility of continuing to endanger society, then the community service they are sentenced to do will not only reduce the burden on the country, but also help criminals reintegrate into society. Establishing the penalty clause of community service is the most representative and effective measure.

In a word, the socialization of execution with the goal of returning criminals to society is the inevitable choice of penalty development and the basic concept and principle of modern penalty execution. It avoids the disadvantages of relying solely on the prison itself to reform criminals, conforms to the general law of social development, embodies the concept of penalty benefit, conforms to the principle of humanitarianism and individualization of execution, subverts the traditional heavy punishment doctrine in China and meets the requirements of mitigation of punishment. "It is foreseeable that, on the basis of drawing lessons from past practice, the theory and practice of socialization of execution will be more mature and scientific, pay more attention to the organic coordination of criminal law's safeguard function and protection function, and pursue the dynamic balance between fair value and utilitarian value."

References:

[1] (Japan) Fu, Otsuka Renzhu, Li Qiao, etc. Translation of Lecture Notes on Introduction to Japanese Criminal Law, Liaoning People's Publishing House, 1986, p. 206.

[2] Feng Weiguo: "Research on Socialization of Execution" Peking University Publishing House, 2003, p. 42.

[3] Chen Xingliang's Philosophy of Criminal Law China University of Political Science and Law Press. 1998+0 page

[4] Clemens Butler. Introduction to Calibration [M] 1 Beijing: Renmin University of China Press,1991.22.130.22.

[5] Wang Tai's Modern Prison System, Beijing Law Publishing House, 2003.