行刑社会化的冷思考

Calm Consideration on the Socialization of Punishment

《刑法修正案八》首次将社区矫正写进刑法典以后,学界开始热议行刑社会化的益处,倡导积极推进监禁刑的变革。事物过热之时往往需要冷思考,以避免过犹不及的后果。首先,监禁刑的变革不可能背离正义原则太远,因为正义具有独立价值,民众具有强烈的正义诉求。其次,矫正要有正当性根据,要兼顾刑罚的其他价值目标。因此,监禁刑在短期内不会全面褪色,行刑社会化的推进要遵循文化先行的原则。

After the 8th Amendment of the Criminal Law regulated community correction in criminal law for the first time,scholars began to heatedly discuss the benefits of socialization of punishment,and actively promote the reform of imprisonment sentence.So people should calmly ponder over it in order to avoid negative consequence.At first,the reform of imprisonment sentence can＇t deviate from the principle of justice too far,because justice has independent value,and people have a strong appeal to justice.Secondly,the reform must have justification of the punishment,and take other value target of punishment into account.Therefore,imprisonment will not completely fade in the short term,and the socialization of execution should follow the principle that culture should go first.