Research on the Socialization of Capital Punishment

Author: Yuan Dengming
Publisher:
Publish Date: 2005-09-01
Features: "The Beijing Normal University Criminal Law Series" is the main series of works projects of the Institute of Criminal Law, Beijing Normal University. It is supported by the profound academic heritage, long history, and rich cultural atmosphere of Beijing Normal University, a century-old prestigious institution. Leveraging the comprehensive strength of humanities, social sciences, and natural sciences at Beijing Normal University, and widely seeking and incorporating the support and assistance of criminal law scholars both domestically and internationally, the series publishes works and translations that are innovative, in-depth, and significant in the fields of criminal law and criminal jurisprudence. These can be thematic or comprehensive studies, as well as introductions and translations of foreign or overseas legal codes and works. The authors and translators are primarily composed of full-time and part-time researchers of the Institute, with invitations extended to experts and scholars both domestically and internationally. This book has the following features and innovations:
First, it accurately defines the controversial concept of "socialization of criminal execution." Based on a comprehensive review, comparison, and reference to various viewpoints, the author proposes that the socialization of criminal execution refers to avoiding and overcoming certain drawbacks of imprisonment, serving the goal of reintegration into society for offenders, and achieving this through the execution of punishment by weakening the closed nature of correctional institutions, expanding interactions between offenders, correctional agencies, and society, shaping beliefs and personalities in offenders that align with normal social life, and promoting synchronization with societal development, ultimately facilitating offenders' smooth reintegration into society. This definition encapsulates the essential characteristics of criminal execution socialization, such as the temporal and spatial scope being the process of punishment execution, the core being the expansion of connections and interactions with the outside world, maximizing the similarity between the internal environment of correctional agencies and free society, and the ultimate goal of enabling offenders to reintegrate smoothly into society and adapt to it. It covers the subjects, settings, content, and fundamental objectives of criminal execution socialization, providing a scientifically comprehensive definition of its connotation and extension.
Second, the author's research begins with the principles of human socialization and resocialization in humanistic and sociological theories, analyzing the deep relationship between human socialization and crime or deviant behavior, thereby laying a solid humanistic foundation for criminal execution socialization. From perspectives such as human rights theory, the theory of criminal purpose and execution purpose, the paradox of imprisonment, the economic principles of punishment, and victim compensation theory, the author convincingly argues for the theoretical basis of criminal execution socialization. On the level of criminal policy models, political civilization, and the pursuit of a harmonious society, the author clarifies the criminal policy foundation for penal reform guided by the concept of criminal execution socialization.
Third, with the perspective of criminal execution socialization, the author comprehensively examines the current application status of China's penal system, systematically proposing constructive ideas for improving the penal system and reforming modes of execution. From guiding changes in public perceptions to scientifically rationalizing the execution system, from innovating execution mechanisms to legislative improvements, and from exploiting existing penal resources to developing new community-based penalties, the author's unique insights integrate theory and practice, demonstrating a high degree of unity between theoretical significance and practical value.
Fourth, the author emphasizes empirical research, letting data speak. In China's criminal law academia, whether in so-called "notarial criminal law" or "theoretical criminal law," there is often an excess of speculation and a deficiency of empirical research. The combination of theory and practice is considered the "ace" principle for social science research activities, including criminal law science, and empirical methods are the inherent requirement for this integration. As the modern Japanese criminal law master Miyake Eiichi once said, "As a criminal law scholar, one is not qualified to teach without personally observing how offenders live and work." If criminal law scholars lack an understanding of the current state of punishment execution or have never visited prisons, they cannot truly grasp the meaning of imprisonment stipulated in criminal law provisions, nor can they understand the significance of the length of imprisonment for inmates, and may only treat statutory imprisonment as meaningless numerical symbols. The author insists on conducting field research and analysis of prison execution practices as much as possible, using data and real cases to illustrate issues, and striving to connect discussions to actual situations and targets. During the winter and summer vacations, the author conducted research on the execution of punishment in prisons in Henan Province, Tianjin, Shanghai, and Beijing, visited communities where offenders work, and designed questionnaires, gathering valuable first-hand data. This down-to-earth, investigative, and theory-practice-integrated approach is commendable and highly advocated.