Study On The System Of Prisoners Leaving The Prison To Visit Relatives

Prison,as the execution organ of our country’s punishment,is an important part of our judicial administration.With the continuous advancement of the reform of the judicial system in China,the reform of the prison system is also deepening.Especially since 2017,under the guidance of the fundamental security concept,the nation’s prison system has begun a new round of regulatory reform and deepening reforms,and has actively promoted scientific,legal and social reforms in prison work.In the Spring Festival of 2018,the national prison system thoroughly implemented the deployment requirements of the Ministry of Justice,and actively implemented the enforcement system for prisoners to leave relatives and visit relatives.Nearly 1,000 prisoners returned home during the Spring Festival,which generated a good response throughout the society and is known as the prison execution society.The "ice-breaking move" of the reform.The system of visiting relatives as an incentive system for the education and reform of prisoners was formally fixed as a legal system in the "Prison Law" promulgated in 1994.However,due to the existence of risks such as regulatory security,the implementation of the system of leaving relatives and visiting relatives in China is not smooth and even in many areas,this system has been “shelved” for a long time.With the continuous advancement of the construction of the rule of law in China,the normal operation of the system of leaving the prison and visiting relatives is entering the sight of prison work.Through the research on the relevant laws and regulations of the system of separation and supervision,the empirical analysis of the implementation and problems of the separation and supervision of relatives in judicial practice,in order to better improve the prisoner’s separation and supervision system,this article mainly discusses from four aspects: Part I,Explain the theoretical basis related to the detention supervision and relatives system.By introducing the basic overview of the detention supervision and relatives system,the necessity of implementing the detention supervision and relatives system is explained.The second part is about the current situation and existing problems of the system of dereliction and visiting relatives in China.First,it will sort out the historical evolution of the system of dereliction and visiting relatives;The current status of implementation;then,a detailed analysis of the specific implementation of the system of dereliction and visiting relatives in the judicial practice of the provinces that insist on implementing dereliction and visiting relatives;Finally,the problems that arise in the implementation of dereliction and visiting relatives are listed,mainly including laws and regulations and specific implementation.Aspects.The third part is the empirical investigation and analysis of the implementation of the system of detained family visits,through questionnaire survey,to summarize the data obtained by the prisoners and the disciplined police investigation,to study the implementation of the system of detained family visits,and on this basis Empirical analysis of the problems existing in the implementation of the system of visiting relatives from detention.Through the introduction of the current situation of the prisoner’s detention supervision and relative system in China and the analysis of the survey data,combined with previous studies and my own thinking,I explored the reasons for the problems,and concluded that the legal provisions are not perfect enough for the population The lack of consideration for mobility,the difficulty of implementation,the high risk,the lack of publicity for the system and the support of social forces,and no coordinated design.The fourth part is the suggestion for perfecting the system of prisoners visiting relatives in China: firstly,in the legislative aspect,the laws,administrative regulations and departmental regulations are amended in order to support the system of guardianship relatives in terms of legal protection;secondly,the establishment Improve the prison linkage mechanism.For the whole process of prisoners leaving their prisons to visit relatives,the same direction and information sharing in the prison will change the past.The prison is dominated by the local departments,and the local departments only act as "informers",so that the prison linkage mechanism is virtually ineffective;then,Establish a comprehensive evaluation mechanism for prisoners leaving prisons and visiting relatives that covers approval before visiting relatives,dynamic evaluation during visiting relatives,and appraisal feedback after visiting relatives.Real-time supervision of the entire process of the implementation of the system for prisoners leaving prisons and visiting relatives;finally,by improving social With regard to the degree of participation in the system of leaving relatives and visiting relatives,as well as the strengthening of publicity and leadership by the functional departments,a good external operating environment for leaving relatives visiting and relatives is created.