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On the classification system and a progressive system

Author: KongLing
Tutor: ChenHaoRan
School: Fudan University
Course: Legal
Keywords: the classified system the progressive system personality verification graded treatment
CLC: D926.7
Type: Master's thesis
Year: 2008
Downloads: 99
Quote: 0
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Abstract


The classified criminal treatment system, an important set of administrative rules aimed at executing punishment, is not only a basic measure to secure supervising and managing various orders, but also an important means to correct criminals. Different kinds of criminals need to be transformed through different custody reformation means, which is a basic requirement in terms of the scientific nature of the work of supervision and reformation. The classified and progressive criminal treatment systems have provided a vehicle and means to scientifically supervise and transform criminals. The classified and progressive criminal treatment systems are by no means a simple punishment and control or a passive guard and control of criminals, nor are they only different in apparent custody forms and management intensity. By grading and classification, they aimed at forcing the prison authorities to focus their police power, material resources and financial power on transforming criminals, so as to get most transformation result with less investment.The classified criminal treatment system has long been a popular part of the jail systems of developed countries, playing a positive role in scientifically and reasonably controlling and correcting criminals in an effective way. During the annual assembly of the International Correction and Prison Association convoked in Beijing on Oct. 25th, 2004, the primary issue on Chinese judicial reform schedule proposed by Chinese Ministry of Justice is to further improve classified jail management, aiming at substituting the prior unified and rough structure. Due to various reasons, there is lack of a general classification of criminals in China. In terms of both the hardware and software, domestic research just embarks on the road. In fact, quite a few proven practices can be borrowed from developed countries. The key is how to properly transform these practices, taking advantages and offsetting their weaknesses, so that they adapt to our special national conditions.The classified and progressive criminal treatment systems are not ones that can be executed in one step, nor are they designs by sudden inspiration. Actually, as historical propositions, they are jail systems being gradually identified universally after hundreds of years of perfection through social practices. In countries where the classified and progressive systems have long been conducted, a whole set of effective rules and methods have come into being and correspondent theoretical research has also become prosperous. However, in view of our special national conditions and the directional requirement of criminal polices, research results in this regard is rather few in China, especially those based on research data and empirical studies. Even more, some research only regard the classified and progressive systems as a means of jail penalty. This paper discusses the present situation of the classified and progressive systems in China, analyzes the deficiency and regrets in current separated criminal detaining and supervision systems, furthers into the essence of the classified and progressive systems. Meanwhile, through a comparison of domestic and foreign classified system, workable rules and methods are concluded in order to improve the transformation results and save jail resources, as well as strengthening the professional quality of jail administrators. In this way, the reform and perfection of Chinese jail systems will be fostered, and the prosperous development of penology studies will be facilitated.The application of the classified and progressive systems is a certain choice under the current situation of jail administration. Classified evaluation and information screening provide scientific evidence for correction workers to identify criminals and conduct graded custody; dynamic classified criminal administration, based on scientific penalty, ensures better utilizing of jail resources, guarantees the security and stabilities of jail orders, meanwhile laying foundation for individualized criminal correction. An establishment of thorough invigorative criminal treatment pattern will deepen and develop the scientific and civilized criminal administration by laws. And the method of graded awarding and gradual relieving will be a constant motivation to encourage criminals in their transformation process.

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CLC: > Political, legal > Legal > Chinese law > Justice system > The prison system and reform through labor system
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