| State Prison Enterprise Group is a new thing as the result of promoting prison reform in recent years. it is a solely state-owned enterprise made by all prison enterprises (branch) companies aiming at regional management at provincial scope. To March 2010, the country has had 20 provinces (cities) set up a provincial prison Enterprise Group, the other provinces are also busy to prison Enterprise Group. The current domestic prison system has not yet see a comprehensive enterprise group's literature., the academic field has little knowledge about this new thing.Prison business is a kind of economic organization to provide labor for the rehabilitation of offenders prison jobs and work places, it co-exists with the prison. The value of the prison business is to service for the education and reform offenders, realize the social benefits of the prison, while organizing criminals to work to create wealth and economic benefits. Production and operational problems of the prison business are the significant problems which connect with the survival of prison enterprises, and even prison transformation. And prison Enterprise Group is the new exploration of prison Management System, therefore, to deeply research in it has theoretical innovative meaning and important community practice meaning.This article explores the prison enterprises from the value of criminals' working, to the nature of prison enterprises, the special points of the prison enterprises resources and the production situation of prison enterprises. Then, analyse the prison system and it is not adaptable for the business management, use resource allocation theory, transaction cost theory, theory of corporate governance of companies, industry selection, industrial distribution and other economic theory, to study the need of reform of the prison enterprise groups. And to study how prison enterprises to control the management, how to use the existing industrial restructuring strategy todo a good job in industry selection, how to adjust the industrial structure of the prison business, relying on the opportunity to adjust the prison layout, good job layout of the prison industrial enterprises, and promote prison in healthy way to develop the prison enterprises.As an important part of the state machinery, prison undertakes the political functions of rehabilitation of offenders. To achieve this function, the prison arranges prisoners to engage in productive labor reform, which gives rise to the prison to obtain economic benefits of the economic organization of production functions, which subordinates to political functions. Prison labor organization has its historical origins, the new China labor measures still persist in using the rehabilitation of offenders, prison labor reform criminal organizations, and it is also international practice. Prison labor, with the rehabilitation of offenders and the creation of economic double value:on the one hand, to promote the rehabilitation of offenders, help correct bad habits, develop work habits, also let criminals learn some survival skills and techniques, enabling their return to society; on the other hand, the offender can work for the community to create a certain degree of material wealth.As a subsidiary body of the prison, with the duality of natural quality, Prison company has both the common property of the general social enterprise and its special character. The duble properties mainly result in the prison business functions and internal factors. From the view of function, the prison enterprises should provide the rehabilitation of offenders and post production sites for the transformation of services, and also through the production and management for certain economic benefits. From internal factors, the prison police states law enforcement, but at the same time the prison business managers; criminal penalty is the implementation of the object, but also a producer of Prison Enterprises. Prison enterprise management process is both criminal law enforcement and labor reform process. Prison enterprise organizations has public goods properties, which provide the community with two public goods-public safety and Gaiecongshan citizens. Therefore, the social benefits should focus on its economic benefits, the prison production must subordinate. The economic value of Prison Enterprises is that it can continue to provide jobs for offenders, can effectively, orderly organize working, and can accumulate the fruits of labor to maintain the sustainable development of prison production and create social wealth.Being suited to the founding of New China's poverty and long-term implementation of the planned economic system, the new prison in China has gradually formed a "jail, prison enterprises, social institutions run by the prison," three-one of the management system. This system has made great contribution to national economic development under the planned economic system to make the prison flourish, for the rehabilitation of offenders. But with the advance of China's market economy system, deeply "monitoring, enterprises, social" unity of management system can no longer meet the development needs of the prison regulation. It affects law enforcement and the quality of education and reform of criminals; affects the sustainable development of prison business. Many prisons manage badly, heavily in debt, and even at the verge of bankruptcy. To this end, from the late 90s of last century, countries began to explore solutions to these difficult problems and promote a new round of prison reform. By 2000, the State introduced the paper to solve difficult problems of the prison, to the year of 2003, the state began the trial implementation of the national prison system in Jiangxi, Heilongjiang, Chongqing six pilot provinces and cities in the prison system, at the end of 2008, the state begins the full implementation of the national prison system nationwide.In this round of reform, the main event is to separate the prison from the prison enterprises and set up provincial prison Enterprise Group as a unit. The reform of prison enterprise groups is reasonable in theory:First, make use of enterprise groups to promote optimal allocation of prison enterprises and use of existing resources; Second make use of enterprise groups operating advantages to promote variable external transaction within the group transactions or management, lower the transaction costs;Third make use of the management of prison enterprise groups to show the prison business advantage; Fourth make combination of the prison industrial enterprises engaging in the development of the actual situation, choose good industries, to adjust industrial layout. From the practices abroad, some experience and practice is worth learning. Many developed countries have adopted the company way of business management, prison enterprises is relatively independent from the national prison administration and operation, directly responsible to prison administration or the Department of Corrections, such as the United States, Canada, South Korea. Some features of Production and management of foreign prisons are worth learning, first, many countries have stressed the separation of the prisons and the prison enterprises, place the administration measures on the prison and place market-based instruments on prison enterprises. Second, the attention of criminals work skills training, countries such as Canada, Japan, Italy and other countries attach great importance to skill training to offenders; Third, attach importance to criminal production projects and industrial development guidance, such as Australia and the United States; Fourth stressing Prison labor product sales and government policy support, the South Korean government and Italy government urge the implementation of special laws introduced.The background of the reform of Prison Enterprise Group is that in recent years the prison business stuck in difficulties, indebtedness, and some at verge of bankruptcy, affecting the education and reform of prisons which urge the State to promote prison reform. The idea is "full protection, monitoring separate enterprises, income and expenditure separately, standardized operation," focusing on the reform of the prison enterprise groups. In which is to achieve full protection of the state financial funds on all supply security prison. The separation of supervisors and enterprises is to promote the separation of the prison business organization, personnel, material, funding. Building the provincial prison administration authority responsible for managing the production of the original organizations and personnel to form a provincial prison Enterprise Group; the enterprise from prison stripped out of the prison, set up a sub-group (sub-) firm, specializing in production and operation management of the prison. Balance of payments is to separate from the prison to prison, law enforcement funding and production of enterprises funding, to achieve both income and expenditure separately, prisons and prison funding for exchanges between enterprises will no longer occur. To establish the normal operation is to build two operating mechanism in prison and prison enterprises, thus to promote independent running, mutual coordination and cooperation in prisons and prison enterprises.Promoting the reform of the prison enterprise groups, the practice is also questioned:whether this practice is appropriate for our country's situation? Being separated from the prison and the prison enterprises, can the company truly work independently? In the new system, can the power of senior leadership group be restricted to achieve the expected effection of the reforms? These views should be considered and learned deeply.In the reform of the prison operation, Enterprise Group faced a lot of confusion and problems, mainly showed as follows:the understandings toward the reform of the prison enterprise groups are different; the understandings toward the nature of the prison business group varies; acquiring institutions, assets and personnel when groups are organized is not easy; former prison business' bankruptcy is difficult; the placement of the former prison workers is difficult; prison and a larger group of financial security gap; collaboration with prison management problems and prison Enterprise Group the company's own management system is not perfect and so on. To solve these problems well, groping in the reform is needed, drawing on SOE reform and foreign prison enterprises group management mechanism based on the important prison Enterprise Group of internal good governance, industry selection, etc. and thus stimulate the healthy development of prison enterprises.For the internal management of the prison business group, attention should be paid to build operation mechanism. First group of property rights regulation and improvement. China's prisons is wholly state-owned enterprise group, commissioned by the provincial governments are usually responsible for the management of state assets, the prison administration is responsible for preserving and increasing the added value of state assets, China's prison business group structure of a single property has its adaptability. Prison Enterprise Group and more foreign ownership of property by multiple modes, I think we can learn from it. And bold vision, our prisons can explore the diverse group holding company of property rights. Second, of the internal governance bodies. We need a reasonable set of corporate governance institutions and companies within the organization and management. Including the board of directors, supervisors and managers institutional setup, including the internal organization of agencies and sub-group (sub) to set up the company's internal organization. Third, the group's internal control mechanisms, including the group pair (sub-) control of the company; Provincial Bureau of Prisons regulation of the group; prison and child (sub) coordination of the three aspects of the company. Prison Enterprises also do work on the control of criminals. Fourth is to build human resource management. Training professional managers to establish management mechanisms, and improve the transition mechanism for restraining the company and the company Police staff management mechanism. Fifth, the establishment of the prison business group's financial management and coordination mechanisms, including financial accounts of the prison and the separation of enterprises and corporate in-house financial management system. Sixth, the coordination with the prison system, properly handle the Provincial Prison Administration, Prison Enterprise Group, prisons and child (sub) Company Secretary relationship between the four. Enterprises and the prison coordinate mainly through the establishment of joint systems, such contract or agreement will be established with the prison system of mutual supervision.The choice and layout of the prison industrial enterprises should pay attention to the prison industrial enterprises, including industry restructuring and industrial layout adjustment measures. First the objective analysis of the Prison Industry development and business problems is needed. Second, the factors and countermeasures of group selection. Selecting group industrial labor reform should consider two special factors criminals and prison enterprises. Industry Select grasp conducive to maintain the ability to work and effective use of offenders, facilitate the implementation of penalties and rehabilitation of offenders, be conducive to the safety of offenders and the prison, make full use of existing advantages of resources. Accordance with the relevant industrial policies, to develop out of high-risk, high-pollution industries, strategies, major expansion of processing industries, and development for government procurement based industries. Third, groups should adjust industrial layout measures, to seize the good opportunity to coordinate the promotion of the prison layout and industrial restructuring, relying on regional resources and industrial development policies, adjusting the prison and industrial enterprises in the regional spatial layout, at last achieve sustainable development of Prison Enterprises industry.
|
PDF Full Text Request