Criminal's Labor Certain Question Research

Criminal's labor has a long history, and has played an indelible role in the course of social development history. After new China was founded, reform-through-labor was confirmed as a basic system in criminal reform. It had successfully reformed large quantities of criminals in the historical practice, creates a great deal of economic benefits and strongly supported the prison-round development, but under the long-term system of "prison and business unity as one", there are many contradictions and problems in the legislation and practice of criminal's labor affecting the advancement of criminal reform quantity. Nowadays under the background of deepen prison system reform and structuring harmonious society, how to correctly locate criminal's labor, how the prison to organize the criminal to carry out productive labor and how to make production labor play an important role in enhancing the quantity of criminal education and reform, all that, are worth of in-depth consideration.The article consists of four parts as to study the relevant issues concerning criminal's labor. The first chapter mainly studied the basic theory of criminal's labor, clarified the meaning of criminal' labor, the evolution of execution status, value function, the important function played in the history and the long-term and inevitable existence of criminal's labor, to lay the theoretical foundation for studying issues related to criminal's labor. The second chapter mainly focused on the relevant provisions of criminal's labor and its law provisions' character in china , introduce some country's related provisions of criminal's labor and the development course of criminal's labor after establishment of our country, focused on character of China's current law provisions of criminal' s labor. The third chapter mainly studied the organization and outstanding problems of criminal's labor, introduced the basic meaning, character of criminal' s labor, namely, prison production and character of organization management of present prison production, analyzed the diplex status of prison ,that is, not only as a national violent department but also a social unit of production, and responded for two objective, economic and social benefit. Under the dual management mode of prison and enterprise, the labor reform exist a lot of problems: First, the prison production legislation received little attention, existed serious absence and inadequate legislation, the management degree of legal system and standardization are poor ,not conformed a complete governance structure, short of legal manager, and so on; second, pursuing economic benefit without measure in criminal's labor and ignoring the reformative function of produced labor on the criminal's personality, physiological and psychological ,were weakening the reformative function of criminal's labor. The fourth chapter discussed the countermeasures to reconstruct the prison production function. Under the general situation that the Ministry of Justice is pushing on deepen reform of the prison environment, combined with the actual condition , put forward the countermeasures on how to make a better play to the role of labor criminals: First, deepening reform of prisons, revising the fundamental function of prison and enterprise, analysis two aspects that the current prison system needs to focused on to resolve. One is to establish a standardized and effective matching policies and system, and in particular to implement prison for the full security system, and the other is the re-establishment of the new prisons and prison enterprises standardized operation mechanism, achieve prison sentence management and production management twin-track operation, fundamentally solve the contradiction between the production and execution of punishment. Second, standard and rational managing according to law strengthen the reconstruction and rectification function of labor. Legislatively, further improve the relevant laws and regulations, so that in organizing criminals during production process the prison have law to comply and perform the law strictly, and meanwhile comply with the humanitarian principles of socialism, earnestly safeguard the legitimate rights of offenders. Third, push the socialization of criminal's labor, actively explore new mode of criminal's labor. Learn advanced experience of foreign country in socializing criminal's labor, and actively explore China's "open" criminal's labor ways, means and methods.