The Study On Prison Enterprise' Property And Position After Prison Enterprise Departed From Prison

After five year pilot project since 2003, Chinese government started to pursue the prison system pilot reform , and want to draft the reform across the country gradually in 2008. But the reform was delayed for some reason. Among them, to determine the property and position of the state's prison enterprises has become one of"bottle-neck"to implement the reform in depth. It is mainly because the theory of"unique prison enterprises characteristics"which emphasizes the particularity of prison enterprises has been the mainstream point of view to this issue for a period of time. Although, the theory has positively influenced the reform in the pilot stage, the limitation of the theory as well as the possible adverse impact brought by this theory couldn't be ignored. It is imperative to amend this theory in the phase of further reform.Upon the profound analysis of the argument, demonstration and conclusion of the"unique prison enterprises characteristics", a limitation of the theory has been presented. In addition, based on the experience of state-owned enterprises reform and the intention of the prison system reform, meanwhile combined with related administration theory, and referenced the administration experience from foreign prison enterprises, the conclusion can be achieved as the prison enterprises are not unique, neither should be unique, the facts that represent the enterprises'unique characteristics'are the properties merely existing pre-reform and during it. Following the path of the theory only leads to hopeless future, the reform of prison system should return to the track of"non-specialized". It is essential to clarify the nature and traits of the prison enterprises, to understand its elements and duties, to confirm its orientation and direction. Furthermore, it is important to carry out the following 4 tasks from different aspects in accordance with the general approach of"self-developed, function individually; reform the pattern, treat respectively, proceed orderly; and seek for breakthrough". The tasks are: 1. clarify the nature of corporate assets, straighten out the deputy relationship. The assets of prison enterprises are not administrative assets but operating one, correspondently, the deputy relationship should be commercial other than administrative. 2. clear the constitution of organization's personnel, implement the management of"administrativization". The managerial personnel within the enterprises shouldn't including policemen, the employees shouldn't be criminals. The prison enterprises need to abandon the administrative rank, internal management should transform from administrative management to commercial management. 3. clarify the duties of prisons and prison enterprises, promote cooperative agreement. It is necessary to form a restrictive-to-cooperative relationship between prisons and prisons enterprises based on the agreement. 4. improve the enterprises governance structure, establish the modern enterprise system. The ideal plan is to develop towards the direction of stated-owned companies.