A Study Of The Issues In The Reform Of Chinese Prison System

It is an important goal for the modernization of our country to build socialist political civilization. The political civilization of the country and society is directly reflected in the prison management. The management system reform of the prison is a complicated system engineering. For keeping national politics and social stability, ensuring the citizen's lawful right, It has very important realistic meanings. This paper has carried on the comparatively overall analysis on the system reform of the prison .The paper consists of four main parts. The first part sketches and analyzes the basic state of the prison management system of our country and the background in which it formed. The basic state of the prison management system of our country is a system that inside this institutional framework, in which prison enterprise, social function organization and social service organization merge into one; The structure of the leadership, which is an interactive co-operation management system. This system is seperated into two levels, The Judicial Administration Department is higher authority, and the Prison Management is lower body. This kind of system has been formed by many kinds of interaction factors, which are Marxism-Leninism theory, traditional culture of China, national conditions, planned economic system, special criminal's structure at that time and the model of the Russian reform through labor. On the specific historical stage, this kind of system has obtained the achievement of world interest. Meanwhile, because of the limitation of the times, the serious drawback exists too.The second part analyses the subject matter of the prison management system of our country. The prison leadership structure of our country and the status in the country's whole criminal judicial system are unbecoming, so that the prison has been playing very limited function and degree of participation among whole national criminal formulation and criminal mechanism of policy for a long time.Because of the pluralism of the function of the prison and also because the establishment of institutional framework lacks the scientific process and systematized process within the prison, the function of the prison has been influenced seriously. What the police's management system of the prison is adopted is a single administrative personnel management system, which looks contradiction with the specialization required by the prison and the objective demand of the basic unit of prison to set up the basic efficiency unit. Prison funds ensuring system doesn't accord with prison as social public nature of product, the value orientation of the pursuiting economic benefits in the prison and its enterprises influences the fairness of penalty seriously.The third part has explained the important factors which affect the system reform of the prison. To most prisons, the overall arrangement adjustment of the prison is a precondition of the system reform of the prison. The system reform of the prison is difficult to move forward without science, rational overall arrangement to adjust. The relevant legal system environment of the prison is an essential condition of the system reform of the prison. We need to perfect the criminal judicial system to eliminate the phenomenon that" there are no laws to abide by " to accelerate the process of " administering the prison in accordance with the law ". The tendency of international criminal penalty development is constantly improving and taking more serious concern 鈥?Meanwhile, many kinds of brand new ideas of prisons and criminal penalties are emerged during the process of this development. And those trends and ideas are currently exercising a certain extent of influence on the prison structural reforms in China. For a long time, prison has always been on the focus position of international human rights struggles. We should draw lessons from the correct ideas and the scientific methods which we have learnt from the international human rights struggles and the penalty reform. Social crimes and the criminal...