Study On The Relationship Between Correction In Prison And Re-crime

The discussion about prison system in western countries dates back to as early as 18th century when the first modern prison is established. After that prison reform movement was carried out heatedly. It aimed at finding a more suitable prison system to correct criminals, especially how to prevent re-crimes. During this period, many sorts of prisons came to exist, such as living alone system, semi-opened system and so on. After that, the study about prison system in western countries has never been stopped. Especially after positivism emerged, the born-criminal theory which was put forward by Lambroso urged the aims of prison to change significantly, from merely punishing in the past to the combination of correction and treatment. The goal is obvious, namely correcting criminals, preventing re-crimes. In modern western society, scholars are still exploring further prison systems. In some developed countries, the hardware is already walking into modernization. In system level, more and more non-imprisonment methods about the correction of criminal emerged, such as community correction and implementing penalty outside the prison. Such methods received good effects and prevented re-crimes successfully. But in China, there are many problems for prison in correcting criminals and preventing re-crimes. In addition to other enticement cause, high rate of re-crimes emerged. So, we start from studying the prison system and analyzing the problems in the course of correction in prison and try to raise some feasible methods to solve all these problems. By doing so, we make prison play a more important role in preventing re-crimes.This article is divided into three sections, namely introduction, main text and conclusion.In the first section, we introduce the present condition and the developing trend of re-crimes in modern times and point out the important meaning of studying the relation between correction in prison and re-crimes. In the main text, we discuss three issues ,namely the prerequisite issues, the problems existing in the course of implementing penalty in prison and some consideration of strengthening the prison's role in preventing re-crimes.The first is the prerequisite issues. In this part, we mainly discuss the definition of re-crime and introduce some prison systems about re-crime. Re-crime in criminology is suitable for the practice of preventing and reducing such conducts. But the topic of this article is confined to the relationship between correction and re-crime, so we define re-crime in the scope of the crimes committed after being punished by criminal law. In this part, we also introduce some correction systems in prison, mainly are system of taking in custody and restraining separately, system of meeting and posting, system of being on home leave, system of living, system of criminal's education and system of working. Firstly, we discuss some problems in law. There is a lack in criminal law about re-crime. Prison Law is imperfect. There is no protective law for released criminals. Secondly, we discuss the negative effect of the policy of"hitting seriously". Thirdly, there are some problems in prison itself. That are, the contradiction between the limitation of penalty resource and the variety of the function of the prison, the crossed infection in prison and the corruption in prison. Fourthly, there are many problems in the course of implementing penalty. In this part, we mainly discuss problems as follows, the low social level of implementing penalty, the treatment of criminals is not suitable for preventing re-crimes, the deviation of the relationship between working and education, the efficiency of implementing penalty is low.Third, we look into the future in solving problems discussed in the second part of main text. First, we must perfect the laws related to re-crime. This includes amending the criminal law to fit the request of preventing re-crime, amending Prison Law and perfecting its accessories, formulating Preventing Re-crime Law. Secondly, we should use the policy of"hitting seriously"carefully. There are many reasons of crime. So if we want to prevent crime, we should find basic problems and solve them but not only punishing crimes which are already taken place, especially not implementing the policy of"hitting seriously"to solve present problems. In deciding whether implementing the policy of"hitting seriously"or not, we should consider two problems, one is constructing the system of the indictor analysis, the other one is protecting human rights, pursuing rule by law, making the government hit crimes in the scope of rule by law. Thirdly, we should perfect the prison systems itself. This includes separating the prison and the prison entrepreneur, reducing crossed infection in prison, hitting corruption in prison. Last, we should regulate the systems in the course of implementing penalty. First, we should deepen the social level of implementing penalty. In order to change the idea, we should strengthen the participation desire of the public. Implementing penalty socially can't be fulfilled by prison only. It needs the participation of the public. So, the prison should propagate itself. In transforming systems, we should promote the installation of the prison and construct classified prison, perfect scientific classified methods, construct semi-imprisonment system, promote the extent of non-imprisonment. Second, we should improve the criminal's treatments. This includes adding criminal's entertainment, improving the living condition and protecting criminal's rights. The third is dealing the relationship between working and education correctly. The fourth is improving the efficiency of implementing penalty.The conclusion points out that due to the many reasons of crimes, we shouldn't neglect other social methods. The prison can't solve all problems. So, we should harmonize the correction and other related methods. Only by doing this, we can achieve the goal of preventing re-crime and protecting the society.