Chinese+Prison+System+and+Law



Chinese Prison Law

Prison Law was enacted by the state and national force to ensure that the sum of the legal norms of a certain social relations adjust the implementation of activities in the prison execution occurred. Prison Law is part of the national criminal law, and its main object is to adjust to a variety of social relations in prison for criminal punishment execution occurred.

1. General Introduction 2. Types of Prison Law 3. Transformation 4. Status 5. Prison Legal Relationship 6. Content 7. Reference ||
 * < Contents


 * General Introduction **

“People’s Republic of China Prison Law”, which has been passed and adopted on December 29, 1994 through the 8th National People’s Congress Standing Committee’s 11th meeting promulgated by the Presidential Decree No. 35 People's Republic of China. On October 26, 2012, the eleventh National People's Congress revised the “Prison Law” through the 29th meeting promulgated by the Presidential Decree No. 63 People's Republic of China.


 * Types of Prison Law **

According to the will and interests of different classes reflect, prison law can be divided into four types: slavery prison law, feudalism prison law, capitalism Prison Law and socialism Prison Law. The first three types of criminal prisons law are built on private ownership of the economy on the basis of production, reflecting the will and interests of the exploiting classes. This kind of Prison Law is a tool to maintain the rule of the exploiting class, which is also called exploiting class type of prison law. Slavery prison law and the feudal prison law, despite their economic base and the different classes of nature, they somehow have common characteristics, namely maintaining public slaveholders, feudal lords’ privilege, and built up a variety of extremely barbaric regulatory rules and methods. Comparing to feudalism Prison Law, Capitalism Prison Law has great improvement on protecting normal public, however, it is still a violent tool for minority exploiters oppressing the masses. Socialism Prison Law is built on the basis of public ownership of the means of production, reflecting the will and interests of the working class and is an important tool to punish and rehabilitate the criminals who harm the masses’ interests and goods. The purpose of this kind of prison law is to transform human civilization and the Prisons Act. The type of prison law are related to the type of prison, and these four types of Prison Laws are related to the four different nature of prison before the founding of New China: slavery prison, feudal system prison, a semi-feudal system of prisons and a democratic revolutionary based prison. Now, People's Republic of China has a new type of socialism Prison Law.


 * Transformation **

With the evolution of the concept of prison law and prison functions, prisons (as the appendages of punishment) have an evolving history as long as penalty policy/law. Early penalty approaches are primarily lifetime penalty and physical punishment. At that time, prison was just a place to hold unconvicted criminals and criminal defendants. After the mid-18th century, with the establishment and settlement of a free criminal punishment system, the main function of the prison became to be performing punishments and penalties on criminals.


 * Status **

Criminal Law, Criminal Procedure Code and the Prison Law are the three main legal systems in China. Criminal law is the law of crime and punishment that specifies what is a crime, what is the penalty, and how to apply penalties for offenders. Criminal Procedure Code is the law of criminal case’s judicial proceedings, which claims the division of powers of the judiciary to handle criminal cases, for example, the filing system shall comply with the principles and the rights and obligations of participants in the proceedings, as well as criminal cases, investigation, prosecution, trial and execution of the program and so on. Therefore, criminal law, the Criminal Procedure Code, the Prisons Act are in a “perfect triangle” relationship, and indispensable. In China, the criminal law, the Criminal Procedure Code, the Prisons Act are three independent criminal laws that are charged by three independent departments, these three systems interrelated mutually support each other that therefore build up the entire criminal law system of the country.


 * Prison Legal Relationship **

Before going further on the relationship between the prison laws, it is necessary to understand what is the legal relationship. People in social interaction are bound to form a variety of relations, and we call these relations the “social relations”. Legal relationship is the relationship between people's rights and obligations that has been formed during the process of adjustment of social relations. The prison legal relationship is created between the prison, prisoner and prison police to adjust the relations between their rights and obligations. In conclusion, (A) Prison legal relationship is confirmed by the prison law and adjusting a social relationship (B) The prison legal relationship occurs during the prison’s activity in prison execution process (C) Prison legal relationship is the relationship between right and obligations

Content

Chapter I General Provisions Chapter II Prison Chapter III Execution of Criminal Punishments Section 1 Putting in Prison Section 2 Handling of Petitions, Complaints and Accusations Made by Prisoners Section 3 Execution Outside Prison Section 4 Commutation of Punishment and Release on Parole Section 5 Release and Resettlement Chapter IV Prison Administration Section 1 Separate Custody and Separate Control Section 2 Guard Section 3 Use of Restraint Implements and Weapons Section 4 Correspondence and Meeting with Visitors Section 5 Life and Health Section 6 Rewards and Punishments Section 7 Handling of Crimes Committed by Prisoners During the Term of Imprisonment Chapter V Education and Reform of Prisoners Chapter VI Education and Reform of Juvenile Delinquents Chapter VII Supplementary Provisions

Reference

[|Chinese Legal System] [|Chinese society]