短期自由刑易科之比较研究

Comparative Study on the Alternative Measures to Short-term Imprisonment Penalty

针对短期自由刑的弊害,寻求其非监禁替代措施已成为世界性刑罚改革运动的重要内容。诸多国家或地区中适用面较广、发展较完善的易科处分主要有罚金刑、工作罚、保护观察及资格刑。借鉴国外立法及司法经验,可在我国确立短期自由刑易科罚金刑、资格刑制度,引入社区服务刑,完善限制自由刑,以更好地实现教育刑的目的。

Considering the defects of short-term imprisonment penalty, seeking alternative measures to non-custodial penalty has become an important part of the worldwide penalty reform. The alternative imposition of punishment, which is widely used and well-developed in many countries and areas, includes fine penalty, work penalty, probation and qualification penalty. Based on foreign legislative and judicial practice, it is reasonable to establish the alternative system of short-term imprisonment penalty which is composed of fine penalty, qualification penalty and to introduce community service penalty in order to perfect the sys- tem of freedom-restriction penalty and to better fulfill the purpose of education penalty.