教育刑理念的彰显与背离：近代中国假释制度考论

刑罚执行是刑事司法的最后环节,行刑法律的运作直接关涉刑罚功能与目的能否实现。假释作为行刑制度之一,其运作效果是刑罚观念的集中体现。近代以来假释制度完成了由恩典到权利的制度转化,因于诸多因素的制约,假释制度在清末刑事立法中虽然得以确立,却未能实践。其后的立法与司法虽对于假释制度有着较多的践行,但民众的法律情结却仍停留于报复惩戒,教育刑理念仍然未能深入人心,法律观念、法律文化的转型任重而道远。

Embodying with and Differing from the Idea of Educational Punishment: A Study on Parole System in China

Punishment is the last stage of criminal justice, and its operation directly determines whether the function and aim of criminal punishment could be realized. Parole is one of the punishment methods, and should embody the idea of punishment. Modern parole is shifted from a type of bestow to right, although it was established in the Qing Dynasty but not practiced. Thereafter the practice became more, but the idea of the public is still emphasized on retribution instead of education. The transform of legal notion and culture still has a long way to go.