论扩大社区矫正的范围——基于对上海、伦敦、纽约刑罚执行模式的比较研究

On Expanding Community Supervision and Correction of Criminals——A Comparative Study of Penalty Execution Modes in Shanghai,London and New York

近年来,与伦敦、纽约犯罪率稳中有降相反,上海的犯罪率在继续攀升。控制犯罪的因素有多方面,上海与伦敦、纽约在对罪犯管理模式方面的一个重要差距是忽视了适当扩大对罪犯的社区监管。"扩大"是指对于短期特别是1年以下被判处监禁的罪犯尽可能放在社区服刑,对监禁刑满释放人员要给予至少1年的社区监督管理。研究表明,短期监禁释放人员的重犯率高于长期监禁和社区服刑人员的重犯率,罪犯刑满出狱后1年内的重犯率最高。适当扩大对罪犯的社区监管,有利于减少罪犯在狱内的"交叉感染"、降低刑罚成本及降低重新犯罪率。将更多罪犯放在社区管理,需要对其适当严格管理和增加必要的刑罚负担,以确保贯彻罪责刑相适应的原则,确保社区的安全并缓解居民的心理压力。

Contrary with the stable and even falling crime rates in London and New York,the crime rate in Shanghai continues to rise. There are many factors to control crimes. An important difference of the criminal management modes in these three cities is that Shanghai ignores the expanding of the criminal community supervision. ＂Expanding＂here refers to putting offenders of short-term,especially under 1 year,imprisonment to serve in the community as far as possible,while it is necessary to give at least 1 year for those ex-offenders released after serving his sentence to serve under the community supervision and management. Studies have shown that the recidivism rate of ex-offenders released from short-term imprisonment is higher than those of ex-offenders released from the long-term imprisonment and community inmates. Ex-offenders within one year imprisonment have the highest rate of recidivism. The expanding of the criminal community supervision will be helpful to decrease the cross infection of criminals in the prison,to reduce the punishment cost,and to reduce the recidivism rate. Putting more criminals in the community requires more appropriately strict management and necessary punishment burden so as to make it conform to the principle that the punishment should meet with the crime and responsibility and to ensure the safety of the community residents and relieve their psychological endurance.