论枫桥经验的犯罪合作治理意蕴

枫桥经验中蕴含的合作预防、对话型司法等理念深刻影响着中国犯罪学的发展向度。相较于传统的国家惩罚本位主义,枫桥经验注重发挥多种主体的协作优势,并融合法治与德治要素,引领着犯罪合作预防之模式;相较于传统的国家刚性司法面孔,枫桥经验强调乡贤治理与定纷止争,并早已暗合了认罪认罚从宽的对话型司法理念,国家机关不再是纯粹的惩罚主体,而是以沟通的姿态参与犯罪共治的合作格局。在社区矫正方面,通过社会控制理论和标签理论,枫桥经验的合作治理范式得以进一步揭示。

On the Implication of Fengqiao's Experience in Criminal Cooperative Governance

The concept of cooperative prevention and dialogue justice contained in Fengqiao's Experience has a profound impact on the development direction of criminology in China.Compared with the traditional national punishment departmentalism,Fengqiao's Experience focuses on giving full play to the cooperative advantages of various subjects,and integrates the elements of rule of law and rule of virtue,leading the mode of crime prevention cooperation;compared with the traditional national rigid judicial face,Fengqiao's Experience emphasizes the governance of the villagers and the determination of disputes,and has already implied the dialogue judicial concept of lenient confession and punishment.The state organs are no longer the pure subject of punishment participates in the pattern of cooperation of criminal co-governance with the attitude of communication.In the aspect of community correction,through social control theory and label theory,the cooperative governance paradigm of Fengqiao's Experience can be further revealed.