Scientific Study On Prison Reform Work

As an important component part of state machinery, the prisons will always have new changes with the continual development of the time.In recent years, with the fast pace of the legislation of the prison, with the implementation of humanism and the demand of future development, the scientific study on prison reform work has become a forward issue of study on the development of prison. However, the practice of reform work has proved that we are facing a harsh reality in actualizing the scientific process. The reality is the obvious characteristics of non-scientific operation in practice work, the low level of legislation of prison, the phenomenon of ruling by men higher than ruling by law. Those phenomenons suggest that the scientific reform work need the guidance of theoretic research achievements. Through the evaluation of the present reform work, the article discovers the drawbacks and abstractions in the scientific process, and furthermore discusses the functions to the scientific reform work of prison through the evolution in the process of prison development of the two scientific fundamental works: ruling by law and humanism. It shows from practice that Chinese prison work must be based on the rule by law and humanism to achieve the final scientific results.Chapter One focuses on "the historical necessity of the scientific development of prison reform work", which can be divided into two sectors. The first sector is about the problems and challenges faced by the scientific reform work of prison. Aiming at the reality of prison work, it poses eight problems influencing the scientific construction of prison reform work and the crux of those problems. The second sector is about the implication of scientific reform work. It discusses the "science"in the sense of philosophy and the nature and core of the scientific reform work, which at least contains four aspects of contents: scientific theory, scientific modes, scientific methods, and good work effect. And based on the four aspects it evaluates the reality of prison reform work.In the chapter of the legal foundation of scientific reform work, throughdiscussing the historical developmental process of the legation of prison, the author especially expounds the importance of legal environment to the scientific reform work and the necessity of strengthening the legitimacy of modern prison work. The implication of strengthening legitimacy in prison reform work is to enhance the relation among legitimacy, protection of personals' rights and reforming personals in order to show that though law can regulate the reform work to personals, the realization of the regulating function must be dependent upon two requirements: the improvement of law itself and people self-conscious obey to law. Before the exaction of "prison law", the prison work is almost in a state of no law to follow. For personals, words of police are law. Though the human rights of personals are obtained respect in certain degree, the prisoners must be so obedient that whether the government of police is right or not, they must obey otherwise they will be governed strictly. The chapter distinguishes legislation and ruling by law. Under the situation of unhealthy law, two drawbacks exist in the prison work: one is that it's impossible regulate the acts of police; the other is that it's hard to protect personals' rights. Thus ruling by law cannot be realized naturally. Under the situation of no protection for ruling by law, person work will be with no rule to follow, not let alone to make it scientific. Combining with practice, the chapter puts forwards practical explanations to protecting personals' rights through prisons ruling by law.The chapter of the humanistic foundation of scientific prison reform can be divided into two parts. Section one is about the completion of the theoretic and ideological system of "humanistic standard" in the prison reform work.. It mainly discusses the great contribution of new China prison in the humanistic theory from the leading status of " humanistic standard " and the "penalty standard" and proposes the new humanistic spiritual view of " treating criminals as people" and " reforming the criminals into new persons", and it regards the correction and return of criminals as the core to shape the foundation of Chinese prison science of "the doctrine of correction ". It advocates that we should start from the "the doctrine of prevention", and use the penalty as means to try to dispel the subjective evil of criminals, namely, correction, so as to prevent the another possible crime committing. Basing onthe penalty practice of "the tenet of reforming people" in Chinese prison, the section finally draws the conclusion that the scientific reform work of prison should not merely regard "law science" as the foundation, but also regard "humanism science " as the foundation. Section two is about the function of humanistic theory to the development of scientific reform work. It treats the reform of prison mainly from the essential nature of the "morality "of penalty. It proposes that No. 1: "reforming criminals " aims at the influence of the essential aspect of people; No.2: "reforming criminals " regards the deeper need of people as reforming impetus, which means to regard the present prison reform work from satisfying the social need: No.3: "reforming criminals "regards activating people's modulator ability as the reforming technique; No.4: "reforming criminals" regards the value of individuals as and view of the reforming orientation.Chapter Four is about the author's thinking on the realizing the scientific reform work of personals. The chapter holds that besides the foundation of ruling by law and humanism, the scientific prison reform work should also combine the reality, and hold the developing direction from the following five points: 1: the scientific idea about carrying out penalty. Establish the idea of "the tenet of reforming people" and hold the basic aim of the work of reforming criminals. Establish the idea of "improving the quality of reforming criminals" to reduce the emergence of committing crimes again. Establish the idea of "admonishing the prison in accordance with the law, and enforcing the law with justice" to make the prison policemen enforce the law impartially and with civilization. Establish the idea of "people first, scientific development ". Make scientific judgment to the roles of policemen and criminals playing in the development of the prison to let them go out of the tradition and make criminal reforming work become a two-way and interactive conscious action. 2: the scientific process of leaders' decisions. Make the decisions have regulations to abide by and cancel the individuals' factors, reduce chances for ruling by men, advocate the ruling by law, improve and improve the leading quality and art to improve the management level of the prison. 3: the scientific process of the prison system. Realize the reform of separating supervising and enterprises as soon as possible, purifythe prison function, set up new system to classify and lock up criminals, and simplify the organization and structure of the prison. 4: the scientific process of executing manners. Use advanced science and technology to invest in the construction of the hard environment of the prison, strengthen the capital construction of the prison, perfect the auxiliary facility, and create good environment for reform. Strengthen the soft environmental construction of the prison; push forward the specialized management of prison policemen, set up scientific classification system for policemen's positions. Pay attention to the cultural construction of the prison. Implement the scientific correction measure. 5: the scientific process of the information network.We are in a development era, in which the traditional mode of production, life style, mode of thinking have already begun to change, but a lot of non-scientific prison reform practice is still consuming the limited prison resources in a large number; The unenlightened, laggard pattern of prison implements is still blocking the opening and vigor of the prison. The human civilization is being always moved forward constantly by the descendants on the basis of forefathers' development, which is a kind of constant progress and development. So is the prison reform work. In the development in future, Chinese prison reform work must break the restriction of rules and regulations, and dare to surmount national boundaries to accelerate the seeking and research of scientific process, promote the speed of the scientific process of our country's prison work so as to make the prison reform work with Chinese characteristics leave an important chapter in the history of the prison in the world.