论行刑个别化原则之确立

On the foundation of the principle of the individuality of execution

监狱的行刑运作必须遵循一定的活动原则。行刑个别化原则是特定行刑目的的派生物 ,是刑罚目的之于行刑的个别化要求 ,是一定时期刑罚制度及其理论在行刑观念上的折射。对分娩于国外监狱并为现代西方刑罚综合理论所极力主张的行刑个别化原则 ,我们应取其合理成份 ,弃其虚伪内容 。

The execution of prison should obey some certain rules. The principle of the individuality of execution is a derivative of particular purpose of execution and specific demand of the system and theory of penalty aim to execution, and refraction of the system and theory of penalty of certain period to the idea of execution . As to this rule, which emerged from foreign jails and was vigorously advocated by the western modern complicated penalty theory ,we should assimilate its reasonable part , reject its dregs , and adhere to our own developing orientation.