지원사업
학술연구/단체지원/교육 등 연구자 활동을 지속하도록 DBpia가 지원하고 있어요.
커뮤니티
연구자들이 자신의 연구와 전문성을 널리 알리고, 새로운 협력의 기회를 만들 수 있는 네트워킹 공간이에요.
이용수
초록· 키워드
오류제보하기
Even though current idea of how prisoner is being resocialized through correction is in accordance with our traditional thinking of execution, execution of a sentence is no more than the process of operating punishment. The element of the execution of a sentence is only meant to retribution of what has happened in the past. That is why resocializing through correction, which is more toward for the future, can cause conflicts with the execution of a sentence.
Therefore, to study and find a way of harmonize this conflict is very important on how the civilian and victim can feel the fairness of the law and how it can form a braking system of very forgiving correction policy which only the country wants to enforce or no criminals can feel the urgency.
This could argue that we are debating without any focus by excluding the real victims of the crime. As Rousseau said, an individual gives the political entity an implicit permission that we trust our existence and life. If it were the case, then the country should compensate the mental damage that the victims suffer, not to count the financial damage, in order to protect the best interest of the country.
If our modern sentencing policy continues its purpose without consideration of how much the crime can influence badly, then the victims would suffer agony and sadness even after they might have lost lives, family, wealth and social position. On the contrary, the criminal is locked up in a safe place, which is run with the tax paid by the victims, under the protection of the country. This nonsense is actually happening.
The purpose and essence of sentencing should reflect and consider both country and victim. By doing so, current system that is more concentrated on correction should be checked.
To satisfy the actual goal of our correction system, it needs to have voluntary action from the corrected. Without this factor, we could face the loss of powerful law enforcement as well as increasing the crime ratio that criminals can take advantage of the current system. The surprising and worrisome thing is that this is actually happening at present.
Therefore, as we realize shortcoming of correctional policy concentrating on resocializing the criminal, it would be a very wise decision to run both forceful punishment policy to prevent crimes and the current correctional system.
In sum, modern concept of execution of a sentence should act as the place of correction as well as the place of offsetting the lost responsibility. To accomplish this purpose, the new idea on execution should be brought up in a way that it puts needs to be aggressive locked ups and real concept of retribution all together.
Therefore, to study and find a way of harmonize this conflict is very important on how the civilian and victim can feel the fairness of the law and how it can form a braking system of very forgiving correction policy which only the country wants to enforce or no criminals can feel the urgency.
This could argue that we are debating without any focus by excluding the real victims of the crime. As Rousseau said, an individual gives the political entity an implicit permission that we trust our existence and life. If it were the case, then the country should compensate the mental damage that the victims suffer, not to count the financial damage, in order to protect the best interest of the country.
If our modern sentencing policy continues its purpose without consideration of how much the crime can influence badly, then the victims would suffer agony and sadness even after they might have lost lives, family, wealth and social position. On the contrary, the criminal is locked up in a safe place, which is run with the tax paid by the victims, under the protection of the country. This nonsense is actually happening.
The purpose and essence of sentencing should reflect and consider both country and victim. By doing so, current system that is more concentrated on correction should be checked.
To satisfy the actual goal of our correction system, it needs to have voluntary action from the corrected. Without this factor, we could face the loss of powerful law enforcement as well as increasing the crime ratio that criminals can take advantage of the current system. The surprising and worrisome thing is that this is actually happening at present.
Therefore, as we realize shortcoming of correctional policy concentrating on resocializing the criminal, it would be a very wise decision to run both forceful punishment policy to prevent crimes and the current correctional system.
In sum, modern concept of execution of a sentence should act as the place of correction as well as the place of offsetting the lost responsibility. To accomplish this purpose, the new idea on execution should be brought up in a way that it puts needs to be aggressive locked ups and real concept of retribution all together.
목차
Ⅰ. 들어가는 말
Ⅱ. 우리나라 형벌(행형)제도를 통해 본 행형사상
Ⅲ. 우리나라 행형사상의 공통된 기조
Ⅳ. 결론: 현대의 행형사상으로서 교정교화이념의 재평가
참고문헌
참고문헌 (9)
참고문헌 신청
함께 읽어보면 좋을 논문
논문 유사도에 따라 DBpia 가 추천하는 논문입니다. 함께 보면 좋을 연관 논문을 확인해보세요!
-
행형의 이념, 목적과 행형법 개정방향
교정연구
2005 .01
-
고소권자로서 피해자의 범위와 역할
형사법연구
2010 .01
-
집행유예기간 중에 범한 죄에 대한 그 유예기간 중의 재차 집행유예 가능성
비교형사법연구
2019 .01
-
범죄 피해자의 형사재판 참가에 관한 논의와 쟁점
형사법연구
2008 .01
-
범죄피해자보호예산 현황분석 및 개선방안에 관한 연구
한국경찰연구
2019 .01
-
한 · 일 양국의 ｢범죄피해자 보호 · 지원에 관한 기본계획｣의 비교 연구
경찰학연구
2008 .08
-
형사재판절차에서의 범죄피해자참가제도의 도입 방안
피해자학연구
2010 .01
-
현행 형사소송법에 나타난 범죄피해자 보호정책에 관한 연구
피해자학연구
2009 .01
-
자유형에 대한 형집행정지제도의 문제점 및 개선방안
형사정책연구
2016 .06
-
교정단계에서 피해자보호
교정연구
2005 .01
-
피해자관련 요인과 양형: 폭력범을 중심으로
피해자학연구
2009 .01
-
범죄피해자 보호제도에 관한 고찰
피해자학연구
2004 .01
-
범죄피해자의 양형절차에의 참가
형사법연구
2009 .01
-
現行法上 犯罪被害者의 權利保護의 問題點과 改善方案
법학연구
2001 .12
-
피해자의견진술제도에 관한 연구
형사정책연구원 연구총서
2008 .12
-
범죄피해자 구조청구권 강화에 관한 연구 : 범죄피해자보호법을 중심으로
법학연구
2016 .12
-
범죄피해자·증인 신변보호제도 강화방안 - 범죄피해자의 실질적 신변보호를 중심으로 -
피해자학연구
2009 .01
-
범죄피해자 보호·지원을 위한 과제
피해자학연구
2008 .01
-
公判段階에서의 被害者 保護方案
비교형사법연구
2005 .01
이 논문의 저자 정보
이 논문과 함께 이용한 논문
최근 본 자료
댓글(0)
0
UCI(KEPA) : I410-ECN-0101-2012-364-003975333