论文部分内容阅读
保安处分制度是德日等大陆法系国家及英美法系国家普遍适用的刑罚之一,或与一般刑罚并列,或单列成文,都期许在社会矫正和预防二次犯罪中发挥功能。近年来,我国学界讨论保安处分制度较多,不仅在刑法学领域,更多的也涉及到青少年司法、艾滋病领域及环境犯罪领域。目前保安处分制度的研究状况已经不再局限于探讨我国是否存在保安处分制度,而扩展为保安处分制度的改革或者立法化。研究这一制度本身和我国特殊的劳动教养制度,二者的结合探讨对我国刑法理论研究有着重大的意义。
The system of security punishment is one of the commonly applied penalties in the civil law countries such as Germany and Japan and common law countries in the United States, either in parallel with the criminal penalties or in separate forms, all of which are expected to play a role in social corrections and secondary crime prevention. In recent years, scholars in our country have discussed more about the system of security punishment, not only in the field of criminal law, but also in the areas of juvenile justice, AIDS and environmental crime. At present, the research status of the security punishment system is no longer limited to discussing whether there is a security punishment system in our country, but expanding into the reform or legislation of the security punishment system. Studying the system itself and our country’s special system of reeducation through labor, the combination of the two is of great significance to the study of the theory of criminal law in our country.