19世纪后半期兴起的教育刑论认为,犯罪既非犯罪人自由意志的选择,也非天生所固有的,而是不良社会环境的产物。国家不应惩罚作为社会环境牺牲品的犯罪人,而应用刑罚来教育改善他们,使其尽快回归社会。刑罚的目的是矫正、教育、改造犯罪人,以保卫社会。这一理论不无可商榷之处,随后的实践中也确实为融报应、威慑、教育为一体的一体论所取代。但是,其中矫正罪犯的思想一直是现代各国刑罚学说的重要组成部分,而且,在当今世界范围的刑罚改革浪潮中,矫正刑独领风骚。在制度建设上,社区矫正、开放式处遇近年来受到越来越多的关注。笔者认为,社区矫正、开放式处遇不仅是刑罚理论的制度化设计,其中渗透的对罪犯的人权保障思想更值得我们深入挖掘与借鉴。 The educational theory of punishment which arises in the latter half of the 19th century argues that crime is neither the choice of the free will of the perpetrator nor the inherent of innate but a product of a bad social environment. Instead of punishing criminals who have fallen victim to the social environment, the State should apply penalties to educate and improve them so that they can return to society as soon as possible. The purpose of the sentence is to correct, educate and transform the perpetrators in order to defend the society. This theory is not without a doubt. In the subsequent practice, it is indeed replaced by the oneness theory that integrates reporting, deterrence and education. However, the idea of ​​correcting the criminals has always been an important part of the criminal theory of all countries in modern times. In addition, the correctional punishment has taken the lead in today’s worldwide wave of penal reform. In system construction, community correction and open treatment have received more and more attention in recent years. The author believes that community correction and open treatment are not only the systematic design of punishment theory, but also permeate the thinking of human rights protection of criminals more worthy of our deep excavation and reference.