论刑罚执行理念的新动向

On the New Trend of Penalty Implementation

监禁刑罚有着种种自身难以克服的缺陷,常常造成罪犯被社会的驱逐,人是社会性动物,行刑社会化是行刑方式改革的方向之一;人性与人道体现了刑法的人文关怀,是刑罚设置与执行必须遵守的法则;刑罚的执行,其关注焦点应从单纯地考察行为转变为行为和行为人的人格因素并重;刑罚执行中过度的去伦理道德化导致刑法的公众认同危机,伦理道德成份的合理回归值得肯定。

Imprisonment itself has kinds of shortcomings difficult to overcome, often resulting in the expulsion of criminals by society. People are social animals, so implementing penalty in an open environment is a scientific way to go. Humanity and humane reflects the concern of Humane Care of criminal law, are rules that who carries out penalty must be observed. We should also put our eyes on behavior and personality instead of only behavior. Over demoralitization leads to people＇s loss of confidence in our criminal law, so rational degree of ethics and morality should be included in the process of penalty implementation.