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本文认为我国现行在押人员羁押表现奖惩机制存在严重的问题,在押人员羁押期间的表现好坏与最后的量刑没有直接挂钩,导致法院在审判时对于被告人的认罪态度和悔罪表现的认定很难准备把握,也使看守所在在押人员管理方面显得力不从心。所以,构建在押人员羁押表现量刑化制度意义深远,能更好体现法律公平正义的价值取向,符合刑事一体化、刑罚个别化的要求。国内已经有几个地方基层司法部门率先在这方面做了有益的尝试,参照各地的做法与经验,谈谈笔者对在押人员羁押表现量刑化制度的设计。
This article holds that there are serious problems in the present rewards and punishments mechanism of detention of detainees in our country. The performance of detainees in detention is not directly linked with the final sentencing, which makes it difficult for the court to recognize the defendant’s attitude towards sin and performance of penitence at trial Grasp, but also detention center in detainee management seem powerless. Therefore, it is of far-reaching significance to construct the punishment system for the detention of detainees in custody, which can better reflect the value orientation of legal fairness and justice, and meets the requirements of criminal integration and punishment individualization. Several local grassroots judicial departments have taken the lead in this regard to make helpful attempts in this regard. Referring to the practices and experiences in various places, I talk about the design of the system for reducing the detention of prisoners in custody.