2023年中国的监狱制度英.docx

中国的监狱制度〔英〕 Jail System 　　The Prison Law of the People’s Republic of China was adopted and went into force on December 20, 1994 at the 11th meeting of the Standing Committee of the Eighth National People’s Congress. 　　Regulatory Authorities 　　The Prison Law provides that the State Council judicial administration 〔Ministry of Justice〕 supervises all prisons across the country. The Ministry of Justice has a Bureau of Prison Administration that supervises all prisons in the country. In the provinces 〔municipalities directly under the central government and autonomous regions〕, offices of justice are responsible for managing prisons in their own jurisdiction through their prison administration arms. 　　Prisons in China are divided into two categories: 　　Prisons incarcerating inmates who have been condemned by courts to a fixed-term sentence, life sentence or death penalty with two years reprieve. Male and female inmates are warded separately, with female wards managed by female law enforcement personnel. Prisons may also be divided into wards for felons and criminals of misdemeanor. 　　Penitentiaries for juvenile delinquents, criminals of minor age who have been condemned by courts to a fixed-term sentence, life sentence or death penalty with two years reprieve. Special protection is extended to juvenile delinquents, with customized procedures in place to cater to their needs. 　　Prison Setup and Staffing 　　The Prison Law provides that the State Council judicial administration approves the establishment, elimination and relocation of prisons in line with historical, economic and natural factors. This provision is designed to optimize the distribution of prisons and ensure the unified, effective and accurate execution of penalties. 　　Prisons usually have one warden and several deputy wardens and various administrative departments and staff. In addition to administrative offices and commercial institutions, prisons also have sanitary and education facilities. 　　The Prison Law provides that the managerial personnel of prisons are members of the police force who enjoy the same legal status as public security and traffic police. 　　Financial System of Prisons 　　The Prison Law states that the state ensures funding for prisons in reforming inmates. Expenses related to prison police, reformation of prisoners, daily life of inmates, maintenance of prison facilities and other items are budgeted for in the central government’s planning. The state provides production facilities and funding needed for prison labor. Land, mineral resources and other natural resources legally employed by prisons, as well as the property of prisons are protected by law; no entity or individual can trespass or damage those properties. 　　Fundamental Principles 　　Article 3 of the Prison Law states that prisons should follow the principle of combining penalty with reform, education with labor, in a bid to reform prisoners into law-abiding citizens. 　　1. Transformation Through Punishment 　　Prisons punish criminals because, without punishment, it is difficult for criminals to come to grips with their crimes and begin their life anew. While punishment focuses on enforcement, reform focuses on transformation. Punishment is the means, while transformation is the end. The purpose of punishment is to transform criminals into law-abiding citizens. This is precisely what criminal penalties are for. Prisons do not punish criminals for punishment’s sake. 　　2. Combining Education with Labor 　　To effectively reform prisoners, it is also necessary to combine education with labor. Education can be multifaceted: ideological, cultural, vocational and technical. 　　Execution of Penalties 　　Law enforcement authorities implement criminal rulings and judgments passed by judicial authorities that have already taken effect, in accordance with legal procedures. Chinese prisons execute the following types of penalties: 　　1. Committal, i.e. commitment to imprisonment of convicts who have been condemned to death penalty with two years reprieve, life sentence or a fixed-term sentence. Committal means the beginning of the execution of penalty, a serious law enforcement activity. Therefore, it must be conducted in strict compliance with legal procedures. 　　Public security authorities that incarcerate criminals that have been condemned to death penalty with two years reprieve, life sentence or a fixed-term sentence must transfer the criminals to prisons for execution of penalty within one month of receipt of the execution notice or ruling. While transferring the criminals to the prison, courts must present relevant legal documents including copies of the prosecution statement prepared by the procuratorate, the ruling by the court, notice of execution and form of registration for closure of case. Prison authorities may reject criminals if these documents are not received. If these documents are not complete or contain errors, the