Some Thoughts On Improving China Social Protection Of Exconvicts

The social protection of exconvicts was put forward by some western countries in the 18th century.Up to the 20th century, China has gradually formulated a number of policies and measures to protect exconvicts. The social protection of exconvicts in China has traditionally been known as"emplacement and educatiom". In recent years, however, some researchers began to understand the limitations of this title,so as to adopt the title of"the social protection of exconvicts"or"the protection of exconvicts"which comes from the western countries.The object of the social protection of exconvicts is emancipists,parolee,amnesty and the released reeducation-through-labour person,so exconvicts contain all of them.As a vulnerable group,whether the exconvict's thought and behavior can develop along the correct direction or not depends on himself on the one hand,on the other hand depends on the impact of social various factors. In recent years, the rate of recidivism is very high,which has been becoming an serious problem in our country. Improving the social protection of exconvicts can not only reduce recidivism,but also reflects our contry's progress in legislation and human rights. To improve the social protection of exconvicts in China,the author has put forward four advices. The contents are as follows:First, to strengthen the pre-release protection of exconvicts. Exconvict and criminal are the same person in different environment and different time actrully. So to strengthen the protection of criminal can lay the foundation for the social protection of exconvicts. Judging from the economic point of view,to strengthen the pre-release protection of exconvicts can make them get more chance to survive as soon as they are released and greatly enhance their ability to adapt to society,therefore can reduce the cost of the the social protection of exconvicts. From the psychological point of view, to strengthen the pre-release protection of exconvicts can lay a solid foundation for them to get into the competitive society and enhance their confidence back into society. For how to strengthen the pre-release protection,the author think we should improve the prison education and strengthen the guidance of employment in order to improve criminal integrated abilities.Second, to change the incorrect social concept. The incorrect social concept had some negative impacts on our social protection of exconvicts and has hindered exconvicts from returning to society smoothly,even forced them to crime again. It is an very important thing to change the social concept fundamentally if we want to release the negative impact. Meanwhile we must change incorrect social concept for exconvicts if we want to establish the correct conception of human rights. To change perceptions,it is the most fundamental to strengthen ideological education and social acceptance of a rights-based thinking,and to establish the correct conception of human rights. The most important of which is to train and establish the following conception of rights:the right of privacy and human rights concepts of criminal law. In addition,China has also a number of laws and regulations which violates rights of exconvicts. We must not ignore the misleading impact of these laws and must amend or repeal them in order to lead society to inform the correct concept of rights.Third, to formulate the "Law on The social protection of exconvicts". Legal protection of the exconvicts has become main feature from the development trend in the protection of exconvicts in a lot of countries. It has become imperative to formulate the law on social protection of exconvicts as soon as possible. Exconvict protection legislation will improve the legal system of our country,and it will be beneficial to smoothing the way to protect the exconvict effectivelly,also it will contribute to consolidating and developing the achievements of our practice in exconvict protection and protecting the legitimate rights of exconvicts,at last exconvict protection legislation can promote our cooperation and exchages with international community in the same platform. The author think that the law on The social protection of exconvicts should cover the following main elements:the purpose of the social protection of exconvicts,the subject of the social protection of exconvicts,the objection of the social protection of exconvicts,the procedure of the social protection of exconvicts and other things which should be contained in it.Fourth,to establish the criminal record abolition system. The abolition of criminal record refers to abolishing the guilty of crime or the record of crime and penalty when criminal satisfy the legal conditions. The criminal record abolition system is adapted widely in lots of countries and it will be beneficial to restoring the rights of exconvicts and preventing exconvicts from criming again. To establish the criminal record abolition system reflects the dialectical materialism theory and accords with the demands of social protection of exconvicts under the condition of market-oriented economy,and can prevent exconvicts from criming again,and can have an leading effect on eliminating the social discrimination agaist exconvicts. The author put forward some proposal on this system that we should limit the scope of the criminal record and the criminal record of the recidivism and the crime of endangering national security can not be abolished. The other criminal records can be abolished under satisfying with legal conditions.Through researching on the four topics mentioned aboved,the author explains the importance of improving the social protection of exconvicts and emphases how to improve it as soon as possible. The author do think that her research just open the door for the coming comprehensive study in that area. As to some deeper complexes and problems,the author deems that there will be more time and opportunity for us to conduct following research.