The Construction For Penological Humanization And Relevant System

A prison, as the major force of the people's democratic dictatorship in China and Reeducation through labor institute which is also the important component of overtops structure. Whether it can practice the humanistic execution of law can embody the humanities concern and the guaranty of criminal rights. The humanistic governing practiced by the prisons and labor institute all over the country has a far-reaching impact.First of all, in the first chapter, it has introduced to the comprehension towards humanization governing to prisoners and the false knowledge about that. Humanistic supervising is a process to re-build a healthy personality by punishing and changing the persons according to the proper non- discriminatory executive activities. In order to unify the equal law execution and its effect, the tipstaff should care for and respect the prisoners as well as protect their rights and show solicitude for their needs in the process of Rhadamanthine execution. Its feature is empathy and conscience; while the ultimate aim is to exert prisoners'all-sided development. It represents an idea that put human-being as priority, which is in fact to advance the all-sided development of human-beings from a long-term interest. However, the act and suggestion of humanistic governing has been oppugned and opposed by the circle of theorists as soon as it born like all the newly-born things. The main opposite point is that it will alleviate punishment and weakens the effect of prison. Also they complain it will mislead the criminal by too much tolerance, lower social safety, and aggravate the corruption of enforcement. Whereas in my opinion there are three major false viewpoints: 1) the humanistic regulation is to fulfill all the needs of criminals; 2) the humanistic regulation is to reduce the punishment to prisoners; 3) the humanistic is to weaken the stringent regulation and instruction. To conclude, I suggest that the significant problem for the image of labor institute and prison is on account of themselves except the bias from society and history. They together with the public and society need to introspection themselves.In the second chapter, it has expatiated the value orientation and necessity of humanistic regulation. The value orientation of humanistic of regulation means the total inclination of fulfilling the demand of regulation markets. It should strive to create order and realize justice. It conformed to the demand of carrying out execute and can help to carry out the work of instruction, moving and retrieval. This action could also urge the prisoners to change themselves actively instead of passively so as to remodel their correct personality. It fulfills the demand of setting up modern civilized prison, constructing political civilization and adapt to international human right. It promotes the idea of the harmonious society construction.In the third chapter, it has emphasized on instruction, regulation, laboring and psychological correction. The first section is to emphasize on people by pursuing real-world effect and keeping in pace with time. The instruction content and form should be changed into various moods according to the needs of present prisoners. The re-building instruction should be improved and researched and then turned into multi-form instruction including input, self-made, individualist, participating, assistant, etc. the feathers of this system are political instruction, social cultural instruction, and technical instruction, which are also explained in this section. The second section expounds the basic management method is to implement humanistic governing through many ways, for example, listening to the prisoners to care for their human rights and humanistic governing; trust in, respect and sympathize the criminals and treat them equally to change the relation with them. The ultimate target is to re-shape their personality and change them into good men by recall their conscience and sense. Extension consultation system is a system that holds a hearing legally in which the heard person defenses by listing evidence and argument before the decision of prolong one's term of imprisonment. After the consultation the hearing group with make the final decision. The highlight of the third section is the correct function of apprenticeship work. It means to combine the apprenticeship work with thinking transition because this work is a transfer from forcible labor to volunteer working. The forcible working is supported by social control oriented, whereas the volunteer working embodies the respect to the individual and the concept of citizen rights oriented. In this way, the idea of honor to hardworking and shamed of like to relaxation and dislike to work would be established in their minds, which will promote them to remember the correct value for good. In addition, the proper wage can inspirit them to realize the value created by themselves and achievement, so that they can give up the former vice and set up correct values that they must living on their own ability and skills. The forth section introduces the criterion of improving reeducation quality. It is the first time that put the psychological health into the guideline of assessment. It points out clearly that the standard of healthy psyche of prisoner is whether the criminal structure has been destroyed, whether the healthy psyche has been established. As well the guideline of reeducation, influence, and retrieval should be highlighted from three aspect including healthy psychological condition establishment, psychological correcting assessment and psychological correcting measure.