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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。
Prisons are the main venue for freedom of execution. Based on the duality of the purpose of the penalty, the prison has both the dual penalty of punishment and rectification. At the same time, prison execution as a special administrative power has the risk of being abused at high risk. In order to fully realize the purpose of execution and guarantee the rights of serving prisoners, all countries have set up corresponding supervisory mechanisms for the execution power of prisons, and regulate the power of execution that is easily abused. In our country, because of the concept of retribution and the individualization of execution, the socialization is not strong. We should learn from the advanced experience to improve the supervision of the prison so as to ensure the effectiveness of the criminal reform and the impartiality of the execution procedure.