Separate Prison Enterprises In China's Prison System

For a long time, as one judicial administration, the prison has always been adopting the system of "a hybrid of prison and enterprise" in his management. Historically, the hybrid system agreed with our socialistic planned-economy system and social conditions in the initial construction period. And the hybrid, undeniably, made an enormous contribution to our social development. But along with the application of socialist market-oriented economy and the deepening of opening -up policy, the irregularity of the hybrid becomes increasingly conspicuous and serious. It is inevitable to reform the hybrid system in the transition period. Since the January in 2003, the trial-runs for separating the enterprise from prison have been made in several provinces in succession with the approval of the State Council.Considering the objectives and requirements of the system-reformation, the author of this thesis in the beginning tries to expound the history, the oddity and irregularity of the system of "a hybrid of prison and enterprise" in an historical and objective perspective. Afterwards, the author will analyze such problems as: the quality of the enterprise, the relation between enterprise and prison, the personnel arrangement and existent barriers after the separation of the enterprise from prison. And also in the final part, the author will proffer some relevant suggestions and solutions based on the experience of reforms in some provinces. Besides the accurate specification of the quality of enterprise, the author considers that it is crucial to establish a kind of advanced scientific mechanism and to provide an efficient financial guarantee to it. The reform of prison administrating system, which is quite complicated, requires an audacious discovery and testing spirit of all the administrators, especially without precedents to be followed. The separation of the enterprise from prison, still in progress, only applies to both functions while not in reality at the moment. But the reform strategy suits our national basic conditions. In author's view, the function of the prison should follow its own suit in the long run, and the complete separation of the enterprise from prison will be finally realized. Further advices and improvements are requested from experts, scholars and colleagues.