摘要
中间制裁兼具刑罚与刑罚执行方法双重属性,是严厉程度居于缓刑和监禁刑之间一系列制裁措施的总称。美国中间制裁的发展与实践表明,设置多元和阶梯状的制裁体系在减少监狱人数的同时更好地实现罪责刑相适应。我国非监禁化改革可以参考中间制裁的思路和方向,转变刑罚理念,以社区矫正为依托,坚持其刑事制裁本质属性的同时进行功能拓展,实现刑罚资源的优化配置与整合。
As the general term of a series of sanctions, intermdiate sanctions fall between probation and prison according to their severity and intrusiveness, which not only work as sentencing options, but also act as penalty enforcement route. The process of evolution and practice of intermdiate sanctions in the United States indicates that providing a continuum of sanctions has been seen as a way not only to save prison beds,but also to satisfy- the just deserts concern for proportionality in punishment. Non-imprisonment reform of China could take into consideration the thinking and directions of intermdiate sanctions and change penalty ideology. Supported by community corrections,it should both stick with the essential attributes as criminal punishment and expand the functions to achieve the optimization and integration of the penalty resources.
作者
尹露
Yin Lu(Theoretical Economics Postdoctoral Research Workstation,Shenzhen University,Shenzhen Guangdong 518050)
出处
《河南财经政法大学学报》
2018年第6期116-122,共7页
Journal of Henan University of Economics and Law
关键词
中间制裁
社区矫正
非监禁刑
intermdiate sanctions
conmmnity corrections
non-imprisonment punishment
