Difficult To Separate Enterprise From Prison And Consider Countermeasures

In January, 2003,the State Council issued the NOTICE of the State Council approved the Ministry of Justice on the prison system reform job guidance, and proposed to achieve four overall goals of prison system reform gradually, which are 'protect with whole amount, separate enterprise from prison, separate receipt from payment, standardize the operation '. In 20008, with the approval of the State Council, the Ministry of Justice determined to fully implement the prison system reform throughout the country. Its' key point is to separate enterprise from prison. With the intensifying of prison system reform, the combination system of prison and enterprise is clearly contrary to the request of separating enterprise from prison. It even becomes a stumbling block in prison development and restricts the quality of reforming criminals. However, it has a long way to go to achieve the complete separation of enterprise from prison. Difficulties in separation of enterprise from prison have been handicap of in the way of prison system reform. This paper systematicly analyzes the disadvantages of prison system in our country in terms of the prison and the history and present status of prison enterprise. It expounds the reasons of separating enterprise from prison, emphasizes the difficulties and countermeasures to do so.The aim of prison is to transform the criminals, but what the prison enterprise seek is profit. The two's contradictions are becoming increasingly evident and restrict each other's development. So the State Council made the decision of deepening the prison system reform completely, and have experimented it in selected provinces. The experimental reform is under way, but at present, there haven't any successful typical cases yet. The author gets first hand materials by surveying the Prison of Mianyang and integrates theory with reality to analyze the difficulties of separating enterprise from prison. The improvements are proposed in hope of guiding the separation of enterprise from prison in Prison of Mianyang, Sichuan province, which could help to promote China's prison system reform, especially the reform in separation of enterprise from prison. Meanwhile, learning from the successful prison management experience of other countries while exploring a road with its own characteristics, China would try hard to build its prison management into advanced world levels.Two mainly research methods of this paper are as follows. The one is document research. The theories of the new public management both in home and abroad are collected and consulted by modern means of information technology, as well as the quality control theories and documents on prison system reform are completed. This paper researches and learns from the documents of the State Council and provinces' respective departments effectively on the subject of separating enterprise from prison by collecting and filing them. Based on the current research, it makes an intensive study of the omitted parts to propose a new mode of separation enterprise from prison.The other one is case research. I consulted the opinions of policemen and leaders by visiting, investigation, panel discussion, interview and written survey in Prison of Mianyang and selected useful information as my article's materials.The paper consists of seven parts.The first part, Introduction. It mainly introduces the research background, and makes a brief literature review to respective research, including the meaning of research, research method, the difficulty and innovation of the paper.The second part, analysis of prisons and prison enterprises and question the status. This part explains the concepts of prison and prison enterprise, analyzes the prison function of our country, and points out nature of prison enterprise. After the founding of the PRC at a long period of time has created a glorious history, but with the establishment of China's market economy are gradually fading, and now it is very difficult.The drawbacks of the existing system of prison management are the functions of prison disorder, affecting the normal function of the prison to play. Prison it is difficult for enterprises to integrate into the market economy; prison enterprises decreased The current prison management can easily result in error of the international community.The third part, my country on the basic theory of prison reform - the transformation of government functions in our country related to the theory.Changes in government functions, the Government refers to the duty and function of the variable ratio, conversion and development.It includes three levels of meaning: Set up our country to the relative inaction of the government, a rational government, efficient government and the rule of law the Government.The key functions are separate government from enterprises, the correct treatment of the relationship between government and enterprises.The fourth part, Foreign government of prisons and prison management status quo.The United States and the Government of Germany for its own prisons and prison enterprises standardized management, it is worth drawing on our country.Prison labor abroad and our country has the essence of the distinction, but some of the advanced experience of foreign countries are worth studying in our country. How to rationalize the Western countries the relationship between prison enterprises, how to do business management of prisons and prison standardization, the rule of law, and for prison reform in China has an important reference.The fifth part, difficult to separate our country supervisor level analysis and consider countermeasures. Separated from the current supervisor of our country there are still a lot of high difficulty:Workers and police officers thought the performance at less than recognize. Standardize the management of prisons, including- Science set up the organization, set up corporate governance structure, strengthen the system construction and the strengthening of the management staff.Finally our country should also improve the monitoring of safeguard measures to separate high.That is thought to strengthen education and publicity, improving the prison business legislation, efforts to increase financial security.