脱逃犯罪的立法发展及司法对策

On Legislative Development and Judicial Countermeasures of Crime of Escaping from Custody

对于脱逃犯罪,古今中外各国法律均作了理论界定,并通过立法和司法活动对犯罪主体进行刑罚惩治。我国对脱逃犯罪的立法有一定的历史渊源,在新刑法中又予以了修改和完善。从脱逃犯罪的立法演进、现状特点、原因规律入手,研究脱逃犯罪的司法对策,预防和控制脱逃犯罪的发生,保证监管场所的安全,对于司法实践更具现实意义。

The crime of escaping from custody is defined theoretically in modern or ancient times, in China or elsewhere, and the subjects of the crime are punished criminally through legislative and judicial activities. There has been a long history of our country's legislation of crime of escaping from custody and it is revised and perfected in new Criminal Law. Starting with the legislative progress, current characters and cause regulations of the crime of escaping from custody, we study the judicial countermeasures of the crime, prevent and control its occurrence, guarantee the safety of custody and there will be practical significance to judicial practice.