服刑人员重塑法治价值观过程的质性探索

A Qualitative Study of the Process of Inmates Reshape the Value of the Rule of Law

采用扎根理论方法,通过深度访谈、查询检索,收集服刑人员谈话派生资料(N=13),通过三级编码分析、构建理论,探索服刑人员从犯罪到守法的重塑法治价值观过程。结果显示,服刑人员心理变化分四阶段:(1)接受期,认清身份,端正态度;(2)积累期,学法习德,修正扭曲;(3)转变期,反思总结,守法自新;(4)拓展期,延伸法治,规划未来。通过管教民警引导,服刑人员联系亲情逐渐修正扭曲价值观,实现守法自新的转变。

The value of the rule of law is one of core socialist values.It embodies moral and legal ideals as a moral compass for Chinese citizens to regulate social behavior,adjust social relations,and maintain social order.It also guides inmates to become law-abiding citizens to voluntarily assume their statutory duties to the society and family.In China,correctional facilities re-socialize inmates with reshaping their value of the rule of law.The present study focused on the subjective experiences of inmates in the reshaping process.To address this issue,this study employed a qualitative research paradigm,using the Grounded Theory method,following the principle of theoretical sampling.Data from different sources were collected in three stages.In the opening sampling stage,5 inmates were recruited to participate in an in-depth interview with a semi-structured protocol;In the relational and variational sampling stage,another 3 counter-example inmates were recruited to participate in an in-depth interview with the same protocol;In the discriminate sampling stage,3 inmates’documents of their confessions and 2 inmates’documents of their news interviews were collected.Data were analyzed via NVivo 11.0,the text encoding system included 5 core categories,17 axial categories and 73 opening categories.According to the text encoding system and original interview records,as well as documents of confessions or news interviews,the present study constructed a concise and coherent theory of the process of reshaping inmates’value of the rule of law.Member checking,data triangulation,and Jaccard similarity coefficient were used to verify the study results’quality and validity.Results showed that the process of reshaping inmates’value of the rule of law could be divided into 4 stages.Stage 1:acceptance,when inmates suffered painful experiences generated from cognitive dissonance.Under the care of the civilian police,inmates gradually abandoned distorted thoughts,progressively accepted new social identities,recognized the reality,and laid the foundation for re-socialization.Stage 2:accumulation,when inmates accepted law and virtue education as well as learned core socialist values and realized the harm of crime,thus corrected distorted values.Comparing the good of their family for them with their injury to their family,the guilt experience emerged.The civilian police encouraged inmates to construct legitimate behavior,and the latter started to correct the criminal values on their initiative.Stage 3:transformation,when inmates reflected on their criminal behaviors,identified the root cause of their distorted values,and regretted the crime.This reflection accumulated and sublimated into respect for the law.Consequently,inmates organized law-abiding information and integrated it into their self-schema.Stage 4:expansion,when the self-schema was renewed,inmates also worried about social rejection,the devaluation of social evaluation,and even suspected the possibility of returning to society.Under the guidance of the civilian police,inmates expanded the value of the rule of law to future social lives.Planning for lawabiding behaviors,their belief in law was fostered.The findings of this study could provide theoretical support for promoting the rule of law and law education.This will encourage the public to acquire legal knowledge and practice the value of the rule of law.