监狱严管效能渐趋式微及对策——从刑罚宽严相济视角解读

Efficacy Decline of the Strict Management in Jail and Its Countermeasures——Viewed from the Angle of Penalty in Leniency with Sternness as Aids

对极少数抗拒改造、行为恶劣的罪犯实施严管是保证监狱改造秩序,促进这部分罪犯改恶从善的必要惩戒措施,就狱内违法违纪的惩戒而言,它的指向并非是绝大多数积极改造的群体,它涉及刑事处罚的再犯罪毕竟少之又少,故严管措施确有其主流手段及相对严厉的惩戒效能。但是我们越来越体会到执法管理者的力不从心,严管罪犯的"不过如此"心态,严管效能渐趋式微。通过数据统计和理性分析,从宽严相济的视角出发,在罪犯心理、监狱相关措施、执法体系及教改手段等层面进行诱因探求,并在对策层面作一些探索,具有现实意义。

In order to ensure the jail reforms order and correct the criminals, it is necessary measures to give stern management to criminals with bad behavior and resistance. Strict management is not for the most prisoners who reforms actively, so it is not the main method. However, we come to feel that the strict management is short of effect, the concerned prisoner contempt it and the effect tend to be dyadic declining gradually. By data statistics and reason analysis, viewed from the angle of leniency and sternness, the paper discuss the reason why the prisoner does not fear the management, the vacancy of the relevance measures in jail, law enforcement system and educational reform, and does a few explorations in the countermeasures.