论社会化行刑的根据和方式

On Mode and Theoretical Base of Execution Punishment Socialization

社会化行刑既包含非监禁刑、半监禁刑替代监禁刑的含义,也包括对被监禁罪犯在行刑过程中的社会化措施,社会化行刑的表现形式有三种。社会化行刑的理论依据有:一是体现了人道主义观念和文明行刑的基本理念,包含有维护人权的思想;二是社会化行刑较之单纯的监禁行刑,其经济性和功利性价值日渐彰显;三是它顺应了现代行刑以监禁刑为中心向以非监禁刑为中心发展的时代趋势。

Socialization of execution punishment refers to the unimprisonment and semi-imprisonment in place of imprisonment, as well as some socializational methods. It is embodied three forms and based on the following theory： First, socialization of execution punishment incarnates the notion of humanism and execution punishment of civilization, including the idea of safeguarding human rights. Second, when compared with the single imprisonment, socialization of execution punishment aims at pursuing the econonic and utility value. And the third, the methods of socialization of execution punishment conform to the worldwide trend that punishment execution is changing from the imprisonment-oriented to the unimprisonment-oriented.