The criminal classical school came into being in18th century. Scholars of this school no longer use correction to replace the punishment that should be applied to prisoners, but based on absolute freedom of will, explore the amount of punishment that should be imposed on prisoners in order to achieve justice. "In the criminal classical school's penalty theory, there is only the concept of punishment without the concept of correction. During this period, the academic thought of the criminal classical school occupied an absolute dominant position in the penalty thought and the corresponding legislation, and received a certain effect of curbing and cracking down on crime.
However, by the end of 19, with the increasing number of crimes, recidivism and recidivism became more and more serious, and people began to question and reflect on the penalty thought of the criminal classical school. In order to effectively curb crime and defend society, the school of criminal positivism represented by Cesare Cesare Lombroso and Philip came into being. From now on, their concept of correction is still limited, which is limited to the correction of imprisonment. During this period, the United States began to advocate the use of parole system. Since 1876, parole has been implemented in Milla Correctional Institution in new york, and since 19 10, parole committees have been set up in every federal prison, only because the outbreak of World War II hindered criminal activities.
The development of the rectification thought of the positivist school.
After the end of World War II, with the rapid economic development of capitalist countries, the disadvantages of imprisonment gradually emerged in this era background. The main manifestations are: criminals can't adapt to social life after they are released from prison, which leads to an increasing proportion of recidivism. People are worried about this. They are worried that criminals will once again embark on the road of crime because they do not have the necessary survival skills, and become more cunning and rampant, resulting in a general lack of public security. So scholars began to turn their attention from prison to community and to the correction of criminals. Therefore, probation, parole and other community correction systems began to become an important way of execution. Article 2 of the German Criminal Law stipulates that execution should adapt the imprisoned person to social life. Austrian criminal law stipulates that imprisoned criminals should be helped to "change their way of life and live a life that meets legal and social requirements". French scholars believe that punishment should have the function of social adaptation, and the penalty of promoting criminals to adapt to society embodies a low-cost, high-efficiency and more humanized idea. Finnish scholars argue that correctional institutions should "promote rather than hinder prisoners' reintegration into society, and detention institutions should alleviate the adverse effects of detention".
Accordingly, from the perspective of socialization of execution, the historical origin of community correction is not long. Judging from the emergence and development of probation and parole, the two most basic ways of community correction, it has only a history of more than one hundred years. Straight; It was not until after World War II that the concept of community correction for prisoners began to be absorbed and valued by people, and countries around the world began to study the relevant theories and legislation of community correction. Since the middle of the 20th century, the application of punishment in countries all over the world has started to enter the stage of non-custodial punishment, and it is developing towards a lighter punishment. Among them, the American Prison Association changed its name to Correctional Association in 1954, which shows the important changes in the penalty thought and practice in western developed countries. As the community correction of modern penalty system, it is recognized in the world that it began with the Criminal Justice Regulations of Britain 1972.
1973, Britain created "community service" punishment in the Criminal Court Power Law. This law is the first law that regards community correction as one of the forms of criminal reform. As the birthplace of community correction, Britain soon influenced the whole of Europe.
Although in the 1970s, European countries did not have a unified understanding of replacing short-term imprisonment with community correction, this did not prevent these countries from introducing community correction into their respective penal systems. 1976, the European Council adopted a resolution on the penalty method instead of imprisonment, calling on European countries to update their penalty concepts and strive to explore more efficient imprisonment measures than imprisonment. The resolution pointed out that community correction is an effective system and measure in line with the development trend of punishment in the world. It is precisely because of this resolution that community correction, as an alternative measure to imprisonment, has been accelerated in the legislative process of many countries in Council of Europe and has been completed one after another.
The community correction in the United States started a little later than that in Britain, and the modern correction project did not appear in California until 1966, which was mainly implemented for traffic offenders who could not pay traffic fines. Subsequently, many states set up community service projects one after another to make criminals earn money to compensate victims through public welfare work. From 65438 to 0973, the Minnesota Parliament passed the world's first community correction law. From 65438 to 0984, the United States promulgated the Comprehensive Crime Control Act, and with the implementation of the Act, the scope of community correction expanded again. So far, more than twenty states in the United States have passed community correction laws.
As a representative of Japan's civil law system, Japan's community correction thought can be traced back to the Meiji Restoration in 1868. From 65438 to 0922, Japan's juvenile law adopted measures such as probation and juvenile reformatory to protect juvenile offenders, and allowed volunteers who treated criminals to participate in activities. After World War II, with the comprehensive revision of the Juvenile Law, the parole and probation system for adult criminals in Japan was established, and the probation system for adult criminals was established in the Criminal Law Amendments of 1953 and 1954, and a unique reform, protection and social treatment system including criminals, criminals and prisoners was formulated.
At present, community correction has become an important form of punishing and reforming criminals in many countries in the world. On the basis of summarizing the experience of non-custodial sentences in various countries, the United Nations and its affiliated organizations adopted the Standard Minimum Rules for the Treatment of Prisoners at the United Nations Conference on the Treatment of Prisoners held in 1955. The International Covenant on Civil and Political Rights was adopted at the 21st session of the United Nations General Assembly in 1966. 1980, the sixth congress on the prevention of crime and the treatment of offenders adopted the report "Reducing detention correction and its influence on the remaining prisoners". 1On February 24th, 990, the United Nations General Assembly adopted the United Nations Standard Minimum Rules for Non-custodial Measures (Tokyo Rules). 65438+1The international cooperation aimed at reducing prison overcrowding and promoting alternative punishment adopted at the 44th plenary meeting of the United Nations Economic and Social Council on July 28th, 1998 also involves community service. The detailed implementation plan of community service is contained in Annex I "Cardoma Declaration on Community Service" and Appendix "Action Plan of Cardoma Declaration on Community Service". These documents all emphasize the necessity and importance of community correction and become a booster for the development of community correction. According to the statistics of the Institute of Crime Prevention of the Ministry of Justice, in 2000, the proportion of probation and parole was the highest in Canada, reaching 79.76%, Australia 77.48%, New Zealand 76. 15%, France 72.63%, the United States 70.25%, South Korea and Russia 45.90% respectively.
The number of criminals who want the country to carry out community correction has exceeded the number of prisoners. This set of data fully shows that the dominant idea of world punishment has begun to change from imprisonment to non-imprisonment in a historical way, and community correction, a penalty execution method, has gradually been widely used in all countries of the world.