论精神障碍犯罪人行刑个别化的完善

Improvement of the Individualization of Execution for Mentally Disordered Criminals

精神障碍患者犯罪是遗传、疾病以及各种社会因素综合作用下产生的结果,其犯罪行为的发生具有一定的特殊性。因此对其采用一般性的刑罚方法难以达到理想的教育改造效果。依据精神障碍犯罪人的自身特点,在行刑个别化、行刑社会化理念的指导下设计、完善刑事处遇措施以帮助精神障碍犯罪人驱除犯罪原因,重新融入社会生活。根据具体案件的差异将精神障碍犯罪人刑事个别化处遇完善分为社区矫正制度完善与监狱矫正制度完善。

It is usually the synthetic action of gene, disease and various social factors that causes people with mental disorders to commit crimes. Their crime behaviors have some kind of particularities and it will be difficult for them to achieve a desirable effect in their reformation if general penalty approach is adopted on them. Therefore, guided by the idea of individualization and socialization of execution and for the purpose of helping the mentally disordered criminals to get rid of their crime motives and reintegrate into society, we designed and improved the measures of criminal treatment in accordance with their characteristics. Also, we divided, according to the differences of cases, the improvement of individualization of execution into two aspects, reformation in community and reformation in prison.