论完善对监狱行刑的监督

监狱是自由刑行刑的主要场所。基于刑罚的目的的二元性,监狱兼有惩罚与矫正的双重行刑目标。同时监狱行刑作为特殊的行政权力,具有被滥用的高危风险。为了完整实现行刑目的,保障服刑人员的权利,各国均对监狱的行刑权力设置了相应监督机制,对极易被滥用的行刑权力进行规制。在我国由于报应观念的深植和行刑个别化社会化色彩不强,尤需借鉴先进经验完善对监狱的监督,以确保罪犯改造的效果和行刑程序公正。

On the Perfection of Supervision System in Prison Execution

Prison is the major place for free prison execution.The duality of the goals of criminal penalty means that the prison has dual goals,that is,punishment and correction.Meanwhile,prison execution as a special administrative power has the risk of being abused.In order to realize the goal of execution and guarantee the right of the prisoners,many countries have set up relevant supervision systems to regulate the easily-abused prison execution power.Due to the deeply-rooted concept of retribution among people and the weakness of individual or socialized prison execution,China shall refer to the advanced experience in other countries to perfect the supervision system in prison execution.As a result,the efficacy of reformation of prisoners and the justice of execution procedure can be guaranteed.