The problem and crux of social governance penalization
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D924.3

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    Abstract:

    The penalization of social governance refers to the trend of expansion and aggravation of penalty power in the process of social governance. The crux of social governance penalization lies in misusing social control theory. Specifically, the crux of concept of social governance is to strengthen penalty instrumentalism and weaken penalty humanism; the crux of social governance mode is to pay attention to external penalty sanctions and despise inner moral restraint; the crux of social governance subject is excessive state penalty control and inadequate public participation. As a result, there are deviations in the value concept of criminal law, the positive function of criminal law is weakened, and the effect of crime prevention is not obvious. Undoubtedly, the penalization of social governance is not conducive to the modernization of social governance and the process of rule of law, and a profound reflection and long-term consideration are needed.

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徐伟.社会治理刑罚化的问题与症结[J].重庆大学学报社会科学版,2019,25(2):115~123

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History
  • Received:
  • Revised:August 31,2018
  • Adopted:
  • Online: January 16,2019
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