新形势下的监狱封闭性问题研究

Research on the Closure of Prisons in the New Situation

封闭性是监狱最明显的特点,主要表现为外部具有特殊的器物隔离和内部执行严密且严格的监规纪律两方面。封闭性是发挥刑罚惩罚和报应功能以及特殊预防功能的要求,同时也有利于提高刑罚的权威和威慑功能的发挥。但封闭性同时产生与刑罚预防重新犯罪的目标相冲突、难以满足法治时代和信息化社会对监狱提出的新要求、滋生并加剧了监狱亚文化等和刑罚目的相悖的问题。在新形势下,监狱一方面需要继续保持相当程度的封闭性,以正常发挥刑罚的各项功能;另一方面应当对封闭性予以适当限制和调整,将消极影响降到最低,构建起层级性封闭程度的监狱体系,切实践行宽严相济的刑事政策。

Closure is the most obvious feature of prisons,which are mainly manifested in two aspects:the outside isolation of special utensils and inside strict rules and disciplines.Closure is a requirement for the function of punishment and retribution,as well as the special prevention function,and it also helps to enhance the authority and deterrence function of punishment.However,closure also conflicts with the goal of criminal punishment to prevent re-offending,and it is difficult to meet the new requirements of the rule of law and the information society for prisons,and it breeds and exacerbates the problems of prison subculture that are inconsistent with the purpose of punishment.Under the new situation,on the one hand,prisons need to continue to maintain a considerable degree of closure in order to normally perform various functions of punishment;on the other hand,the closure should be appropriately restricted and adjusted to minimize the negative impact and build a hierarchical closed prison system,to implement a criminal policy of combining punishment with leniency.