A Study On The Institutional Changes Of Prison

To the theoretic and practical predicament of the prison system in China, using the theory of new public management, a rational analytical framework to China prison institution is tried to be built in this paper. Instead of a punishment executive agency as the traditional parochial viewpoint, prison should be a particular public organization and a social governance institution. An "inter-active" relationship between the state and the society must be built in prison administration. The establishment of prison institution should consider rational responses of police and termers, and its changes should accord with immanent principles of prison's development.In this paper, diverse factors that may affect the changes of prison institution are studied, and the influence of regime changes on it is especially analyzed, also depend on that, a ternary governance model of the "state-punishment, society-correction, and market-produce" is raised. The relationship between the state and termers should change from law-compelled to social contract. The state restricts termers' liberties, nongovernmental organizations take charge of correcting termers, market system and privately owned companies could be introduced into produce activity in prison, and so termers could turn from compelled labor to market contract labor.Four immanent contradictions were analyzed: reformation and produce, punishment and correction, close jails and exoteric society, termers'prisonalization and their re-socialization. Aim at the ongoing prison reforming policies, some discussions and rational proposals to current prison reformation are put forward in this paper.