On The Status Quo,Problems And Countermeasures Of Criminals Prison Furloughs In China

Prison furloughs is an obligation granted by the prison law for criminals,but this work has been suspended for a long time because of its high risk and great responsibility.At the beginning of 2018,the Ministry of Justice conducted a large-scale trial across the country,which embodied the concept of the outlook on fundamental security in the new period.What the role of prison is not only to lock up people,but also to reform criminals well.We should make good use of theirs' yearning for family affection in their heart to stimulate truth,goodness and beauty,and give full play to the fundamental role of educational reform by means of the concept of "loyalty and filial piety" in Chinese cultural tradition to exert a gradual,uplifting influence on cultural reform,which is also the inevitable requirement for the new Ministry of Justice to put forward five reformations and adopt various reinventions to arouse criminals' positivities about reform and urge them to return to society at an early date.However,the normal mechanism has not been well operated at the cost of some defects in the current prison furloughs system and operating mechanism.As socialism with Chinese characteristics has entered a new era,prisons should also keep abreast of the trend of the times by bringing their subjective activity into play,establishing a long-term mechanism for prison furloughs to promote the normalization of prison furloughs,and playing the role of prison furloughs.In addition to the introduction and conclusion,this paper is divided into five parts:The first part: The basic theory of the system of prison furloughs.First of all,it has a detailed description of the definition,nature and semantic discrimination of the prison furloughs.Secondly,it discriminates and analyzes the similarities and differences between the system of prison furloughs and the system of concession out of prison,the system of temporary execution outside prison and the system of parole.Prison furloughs is an administrative reward,but concession is a special policy,temporary execution outside prison is a criminal policy,parole is a criminal reward.Thirdly,based on the theoretical basis of the system of prison furloughs,it analyzes humanitarianism referring to respect the ethical autonomy of prisoners,treat prisoners as ordinary human beings,and explore a transformed path full of human nature,and the principle of socialization of execution.With the help of advantages of social collective force,criminals can successfully return to society and reach reconciliation with society.According to the principle of combining punishment with reform,the punishment of criminals during execution is only a means to throughly reform criminals,and its ultimate goal is to take a variety of measures to transform criminals into law-abiding citizens who can earn a living.Finally,it discusses the significance of the system of prison furloughs : firstly,it plays the role of family affection and stimulates the enthusiasm of reform;the second is the inheritance and development of the rule of law and the rule of virtue in the new era;the third is the practical test of the concept of penalty in the new era.The second part: The evolution and implementation of the system of prison furloughs in our country.The first part is the legislative evolution of the system of prison furloughs in our country.Firstly,it is the evolution of the system of prison furloughs in ancient China.Since ancient times,there had been a traditional history lasting from the allusions referring to ancient officials released temporarily criminals in prisons returning home and ordered them to go back to the prisons automatically at the end of furloughs happened in the Han Dynasty to the prisoners' remittances of the monarch of the Tang Dynasty,but there is no doubt that such "prisoners " can not get rid of the stigma of the feudal society whether it is the act of benevolence and goodness,or the act of rule by man,even if they have something in common with the current criminals prison furloughs,but there is still a big difference in essence.The ancient prison furloughs is the embodiment of the rule of man.However,the current system of prison furloughs has laws to follow and rules to follow,which is fundamentally different from "criminals returning to prison at the end of furloughs" in essence.Secondly,it is the evolution of the system of prison furloughs in modern China.During the period of the Republic of China and the Qing Dynasty,the purpose of prison furloughs was much more to protect the procreation rights of criminals,deeply influenced by the reproduction in Chinese traditional culture.Thirdly,it is the legislation and judicial explanation of the system of prison furloughs after the founding of the people's republic of China.From the Detailed Rules for the Discipline of Prison and Reform-through-Labor Teams(for trial implementation)promulgated by the Ministry of Public Security in 1982,the Opinions on the Implementation of Separating Escort,Custody and Education for Criminals issued by the Reform-through-Labor Bureau of the Ministry of Justice in 1991 to the Prison Law formulated and promulgated by the National people's Congress in 1994.According to Article 57 of the Prison Law,the Ministry of Justice formulated the Regulations on Prison Furloughs and Special Permission in 2001,which had a long-term validity.The second part is the implementation of the system of prison furloughs in our country.Firstly,it is an effective attempt to fulfill the holistic security outlook and practice the approach to fundamental security.Proposing the concept of approach to fundamental security is the inevitable requirement of pursuing a holistic approach to national security and reflects the times of prison reform and development.But by comparison,throughly reforming criminals should be given priority over "no escape,no trouble" and should be put into a more important position,it is of great significance to the stable development of prison reform in the new era in theory and practice.Secondly,it is to gradually achieve normalization and standardization in prison systems.Since the Spring Festival in 2018,a series of activities of prison furloughs in the national prison system has showed that prison furloughs has transformed from the original small-scale pilot operation to the normal operation mode.Thirdly,it is the strict examination and approval which can ensure absolute safety and strict rule of law.According to the relevant laws and regulations,since the implementation of prison furloughs,there has been neither accident happened nor criminals have taken the chance to escape from the prison through strict screening and examination,so it is absolutely safe.Fourthly,it achieves favorable transformation and the satisfaction of the masses through multiple publicity and holistic approaches.Criminals of Prison furloughs have achieved good results no matter in reforming themselves,or changing the public's original cognition of the prison.The third part: The application of prison furloughs in our country.Firstly,it is the applicable premise of prison furloughs.Prison furloughs,a kind of prison administration reward,is a way to encourage criminals to reform by stimulating criminals to produce positive behaviors.Secondly,the scope of application of prison furloughs must meet all four conditions.Thirdly,it is the applicable procedures for prison furloughs.First step which is to recommend or apply for prison furloughs is followed by the joint discussion of prison furloughs,and finally it's the application and approval of prison furloughs.Fourthly,it is the applicable enforcement of prison furloughs,including general disciplinary requirements,disciplinary provisions for criminals,and enforcement of police requirements.The fourth part: The investigation and reference of extraterritorial to prison furloughs.The United States calls it the return leave system,Japan calls it the criminal leave system,and Taiwan calls it the prisoner leave system,partly the community revision system.The fifth part :The problems existing in our country's prison furloughs and their improvement suggestions.This paper makes a detailed analysis on the departments of directors in the legal nature and system design,the types of criminals prohibited from visiting relatives,the prescribed proportion,the operation process,the relief procedure and the legal consequences in the legislation.Also,this paper makes a concrete analysis on the operation mechanism,operation times,function exertion and prison positivities existing in judicial problems.In view of the above problems,some suggestions are put forward.This paper puts forward some legislative suggestions on perfecting the system of prison furloughs in legislation,argues the nature and specific system modification of the system,and suggests establishing the regular mechanism of prison furloughs in judicial by dint of combining with the scoring and assessment system to improve the understanding of the importance of prison furloughs.