Research On The System Of Returning From Prison To Visit Families In China

During the Spring Festival in 2018,under the unified arrangement of the Ministry of Justice,the system of leaving prison to visit relatives was restarted nationwide according to regulations.A total of 999 prisoners left prison to go home to visit relatives for the Spring Festival,triggering a good social response.The system of leaving prison to visit relatives has existed since ancient times,because it has obvious positive effect on encouraging prisoners to reform.The system was absorbed in the legislative process of the Prison Law and confirmed by law.However,due to imperfect supporting systems and procedures,numerous problems occurred in the process of implementation,unscientific risk assessment mechanism for prisoners,unclear responsibilities of prisoners for violating relevant regulations,over-accountability of prison policemen for problems during prisoners’ leaving prison to visit relatives,etc.,which led to the stagnation of the system for many years in most prisons across the country.During the period of social transformation,the contradiction highlights the increase in the number of prisoners in prison,the change in the proportion of prisoners’ structure,the complicated situation of prisoners in prison,and the comprehensive effects of many factors have led to the imbalance of prison management to some extent.In addition,the closeness of imprisonment plays an important role in ensuring the safety of prison supervision and preventing criminals from escaping.However,the isolation of imprisonment also separates the prisoners from the society,forming a prison personality,which makes it difficult for the prisoners to return to society and integrate into social life after serving their sentences.In order to solve the paradox of the goal and effect of prison imprisonment penalty in modern society,the low execution efficiency and the difficult problem of "prison" of criminals’ personality,prisons urgently need to find new ways and methods to resolve the defects of traditional freedom penalty.The timely opening of the system of visiting relatives from prison by the Ministry of Justice and its unified deployment and implementation have been an ice-breaking move in the system of visiting relatives from prison in recent years,which has received widespread attention and good response from the society,and has also solved a series of problems existing in prison imprisonment.Although there are still some problems in the implementation of the system of leaving prison to visit relatives,aiming at the deficiencies of the system,this paper analyzes the root causes and causes of the problems in the system,draws lessons from the relevant provisions of foreign leaving prison to visit relatives,compares the benefits of foreign related systems and practices,and combines the basic situation of our country’s prisons to introduce foreign systems and realize localization to the greatest extent.Based on the current basic situation of our country’s prisons,this paper summarizes the excellent practices and experiences of relevant prisons,and puts forward measures to improve the corresponding supporting systems,to improve the standardization of the system of visiting relatives away from prison,to ensure the normalization of the system of visiting relatives away from prison,to better play the role of the system of visiting relatives away from prison,to stimulate the internal drive of prisoners’ active reform,to realize the fundamental safety concept of prisons,to maintain the safety and stability of prison supervision order,to realize the organic coordination of penalty guarantee function and protection function,and to further pursue the dynamic balance of fair value and utility value.