摘要
刑法修正案(八)在限制减刑的同时,犯罪化、刑罚化的取向明显,监禁人口增加和场所周转率下降将陷监禁刑的执行于极度的被动;鉴于当下现制依重于减刑已不适应行刑需要,废除减刑代之以假释又不能解燃眉之急,应对之策是:一方面在节制减刑基础上,清晰适用对象和条件;另一方面为加大假释力度,设置过渡场所和尝试电子监控技术,或能走出监禁刑执行的困境。
Criminal Law Amendment （8） limits the commutation, but at the same time, it causes apparent orientation of criminalization and penalty. Both the increase of prison population and the decrease of place turnover rate will make the imprisonment enforcement in an extremely passive state. In view of the both facts that the current mechanism that replies on commutation has no longer met the execution needs, and that the way of abolishing com- mutation replaced by conditional release can not meet the urgent needs, the following suggestion is put forward in this paper. On the one hand, based on the commutation control, it shall be made the applicable objects and conditions of commutation clear. On the other hand, the conditional release force shall be increased by setting up transitional spaces and trying electronic monitoring technology. In this way, the imprisonment enforcement can walk out of predicament.
出处
《政法论丛》
CSSCI
2012年第6期40-47,共8页
Journal of Political Science and Law
关键词
监禁率
减刑
假释
imprisonment rate
commutation
conditional release
