第七章狱政管理（The seventh chapter of the prison administration）.doc

1、第七章 狱政管理（The seventh chapter of the prison administration）The seventh chapter of the prison administrationThe concept and characteristics of the first quarter of 122, the prison prison administration managementPrison management is the management of criminal justice and criminal work related to regul

2、atory reform refers to Chinas prison according to the law of the prisoners in direct implementation etc.The 123 elements, the prison management concept(1) the essence of the prison administration is a criminal justice management work;(2) the basic relation management of prison administration work is

3、 in accordance with the law on the criminals in custody in prison management;(3) the basic content of the prison management is mainly reflected in the regulatory transformation and the treatment of offenders;(4) the fundamental requirement of prison management is the implementation of management acc

4、ording to law.124, the characteristics of prison management. (1) purpose(1) punishment function; (2) transformation function; 3. Guarantee function;(2) coordination and controllability(3) organization(4) education(5) directnessThe second section penological principle 125, the meaning of the principl

5、e of administration according to lawThe principle of managing according to law refers to the basic principle of the prison to embody the basic strategy of administering the country according to law, to execute the punishment to the criminal according to the authorization of the law, to regulate the

6、behavior of supervision according to law and to ensure the legitimate rights and interests of the criminals.126, the requirements of the principle of management according to law(1) constantly improve prison legislation, so as to follow the law;(2) to maintain the authority and dignity of the law, ab

7、ide by the laws;(3) standardized and orderly implementation of supervision, so that law enforcement must be strict;(4) serious law, be prosecuted.127, the meaning of strict management principleThe principle of strict management refers to the basic standard of standardization, standardization and ins

8、titutionalization in the management consciousness, management behavior, management state and management environment of prisons.128, strict management principle requirements(1) strict according to law, strict and reliable;(2) strict and orderly, strict and not harsh;(3) strictness and strictness, tem

9、per justice with mercy.129, the meaning of the principle of scientific managementThe principle of scientific management means that the prison must use the scientific theory as the guidance, try hard to reveal the objective law of punishing and reforming the criminals, and adopt the advanced manageme

10、nt method and modern technical equipment to implement the basic rules of management.130, the requirements of scientific management principles(1) adhere to the reform and establish a scientific starting point;(2) consciously accept the guidance of the correct theory;(3) adopt scientific management me

11、thods and methods;(4) actively adopt modern technology and modern equipment.131, the meaning of civilized management principleCivilized management refers to the principle in the prison management work, must adopt the civilized management way and measures to safeguard the legitimate rights and intere

12、sts of criminals, establish a civilized management environment, to achieve the basic standards of management civilization.132, the requirements of civilized management principles(1) in the management, the offenders personality is respected everywhere;(2) humanitarian treatment for criminals;(3) pay

13、attention to the education and cultivation of the basic moral standards of criminals;(4) pay attention to the absorption, digestion and application of the achievements of human civilization;(5) establish civilized, clean and positive regulatory environment.133. The meaning of direct management princ

14、ipleDirect management refers to the principle of prison and prison police, according to the law of the prison criminals to the exercise of regulatory powers, specific criteria of prison management and personally to criminals, criminal organizations, on-site activities and facilities such as the impl

15、ementation of supervision and control.134, the requirements of direct management principles. (1) the requirement of direct management is embodied in the supervision system;(2) to realize the direct control of prisoners activities by the prison peoples police;(3) to realize the direct examination of

16、prisoners by the prison police;(4) select, make good use of and manage the affairs criminalsThe meaning of third separate charge, charge 135 and separate chargeSubmortgage classification refers to Chinas prison prison, the peoples Court of executed criminals in prison separated by different basic pr

17、ison held according to their gender and age do not, according to the type of crime, penalty, sentence and performances of reform will be separately held system.136, the level of the pledge(1) according to the age, sex, sentence type and term of the criminal;(2) according to the crime type of the cri

18、minal;Property criminals, sex offenders, violent criminals, other types of criminals.?137. Matters needing attention in implementing separate charging(1) criminals who are guilty of endangering national security are generally not imprisoned in concentrated formation, but the units with good foundati

19、on work can also be classified and imprisoned.(2) the logarithm of crimes criminals crime according to the main classification of more than two kinds of crimes, the crime of punishment, according to the category of criminal judgment top charges.(3) to actively create conditions, according to the deg

20、ree of the second vice criminal classification, separate early the same type of crime and recidivism Oufan, to avoid cross infection.(4) the accomplice, accomplice crime should be held separately by different prisons or prison area.(5) for those criminals with regional characteristics and whose numb

21、er is more concentrated, they should be placed in prison and detention areas separately.(6) the minority criminals should be divided into prison and detention areas.(7) foreign prisoners and stateless criminals should be placed in prison and detention areas.138, the meaning of chargeIn charge, it re

22、fers to the prison according to the characteristics of different types of prisoners to control the corresponding, and according to the prisoners into prison, prison time and transformation performance, determine the different management level, give the corresponding treatment system.139, the require

23、ments of classification control(1) try to grasp the characteristics and characteristics of the prison reform of the main types of criminals;(2) adopt targeted management measures.140, the classification of the provisions of the meeting.(1) grade division;(2) grading standard;(3) grading the contents

24、 of the meeting;(4) the problems that should be noticed in grading treatment.Fourth life hygiene management 141, the basis of determining the standard of criminal dietTo determine the standard of criminal diet, we should consider the following three factors: (1) the basic needs of criminals to maint

25、ain life and health. The standard of nutrition needed to maintain life and health is the basic basis for determining the standard of the criminal diet. In different stages of growth and development, the amount of nutrition required by the human body is not the same, so the prison for juvenile offend

26、ers and adult offenders prescribed different dietary standards. (2) the types of labor, time and labor intensity of the criminals. The amount of nutrients criminals to participate in the work of criminals and not to participate in the labor needed is not the same; and to participate in the work of c

27、riminals, because the labor time and intensity of different types, physical consumption is not the same, the amount of nutrients needed is not the same. Therefore, the labor time and the intensity of labor are the important basis for determining the standard of the criminal diet. (3) the average liv

28、ing standard of ordinary citizens in society. In determining the standard of the offenders diet, we should also refer to the average social standard of living. (1) the dietary standards of criminals can not exceed the average social standard of living; (2) the dietary standards of prisoners should b

29、e improved with the improvement of the average living standard of the society.142, at this stage to determine the standard of criminal eating methodsThere are roughly three kinds of calculation methods for the standard of criminal diet, one is the monetary standard, two is the standard of heat and n

30、utrition, and three is the physical standard. The standard of physical quantity is adopted in our countrys criminal diet at this stage. The fiftieth law of the prison law defines the calculation method of the criminals living expenses, that is, the living expenses of the criminals are calculated acc

31、ording to the physical standards and stipulated by the state.143, the principle of management of clothingThe clothing supply should be in line with warm body, clean and easy to practice, the principle of allotment recognition. Criminals are forbidden to write or print the words Prisoners or Prisoner

32、s on their clothes. ?144, the provisions of work and rest management(1) the prisoners work for no more than 8 hours per day, and rest for 1 days a week. Because of seasonal production or other production needs, they can adjust and make comprehensive use of labor time through the approval of the pris

33、on warden.(2) to ensure that the prisoners sleep less than 8 hours a day, generally learning 2 hours. (3) the special provisions of the work and rest management, minor offenders of the art of labor, not more than 4 hours a day, no more than 24 hours per week.145, the construction requirements of pri

34、son houseFirm, ventilated, transparent, clean and warm. The living area of the criminal is no less than 3 square meters per person.146, the requirements of criminal health management(1) to set up a prison Barber Room and bathroom, arrange regular criminals haircut, ensure criminals can take a hot ba

35、th; (2) to make timely cleaning and drying Prison Criminals clothing, personal hygiene;(3) prisons should do a good job of environmental sanitation in the supervision area.147, the requirements of medical management of criminals.(1) prisons should set up medical institutions, establish prisoners hea

36、lth status files, conduct regular physical examinations on prisoners, and timely treat sick prisoners; if they are suffering from infectious diseases, they should be treated separately when necessary.(2) the epidemic prevention and health care work in prisons and the establishment of medical institu

37、tions are listed in the planning of the local health administrative departments and accept the business guidance of the local health administrative departments.Section fifth meeting management of communications 148, meeting relatives and guardians of the management content1. The verification of the

38、identity of the visitor, the offender can meet his relatives and guardians during his sentence in prison. When receiving visitors, the prison must verify its identity and identify the relationship between the visitor and the criminal. Verify the identity, usually inspection identity card or househol

39、d registration book to visit the residents; identify the relationship with criminals, are required to submit proof of visitors, local police station to consult the criminal prison registration form. 2. Informing the meeting of the matters needing attention, the prison should fulfill the obligation o

40、f informing the person who requests to visit the criminal. The main contents of the meeting are the rules, requirements, precautions and responsibilities of violating the regulations. Meanwhile, the party and the countrys supervision and reform policies should be publicized to the relatives and guar

41、dians of the criminals. 3, the way of meeting, the arrangement of the place, the prison according to the actual situation of the criminals, arrange the way of meeting and the place of meeting. (1) for those criminals who perform well and meet certain conditions, preferential treatment can be adopted

42、 to arrange the places of preferential treatment and meeting in prisons. (2) for the criminals who are poor in performance, they are usually arranged in strict meeting rooms. (3) for ordinary criminals, arranged in the regular meeting room. Regular meetings, prison generally mastered 12 times a mont

43、h, each time not more than 1 hours. (4) criminals are generally not allowed to meet relatives during confinement. 4, the supervision of the meeting process (1) in the regular meeting and strict meeting, the prison should arrange the management personnel to monitor the prisoners and relatives, guardi

44、ans of the conversation. (2) the criminals with relatives, guardians, are not allowed to use the jargon, China nationality criminals and visitors may not use foreign language; ethnic minorities can use the national language. 5, visit the goods check (1) of the criminal visiting relatives and guardia

45、ns to carry goods, belonging to daily necessities, after inspection, can be kept by the offender; (2) belongs to non daily necessities, inform each other cannot receive, by its back; (3) to commit cash. To prison, the prison on behalf of management; (4) prohibited items, shall be confiscated and tra

46、ck. ?149. Foreign offenders meet regulations1, the provisions of the meeting procedures (1) foreign spouses of offenders, immediate relatives, guardians required to visit, need to be approved by the prison, the provincial, autonomous region and municipality directly under the jurisdiction of the pri

47、son administration. Then, provide the prison with passports and relevant identification documents, apply for the meeting card, the meeting card after the consent of the warden, go to the meeting place. (2) the state of foreign made diplomatic and consular officers shall be made to meet the requireme

48、nts, Chinas Ministry of foreign affairs or the provinces, autonomous regions and municipalities directly under the foreign affairs department, the relevant departments to make arrangements, with the diplomat certificate, the consular officer certificate, official certificate for the meeting procedur

49、es, to the meeting place. 2. The meeting place arrangement, the meeting of the above personnel, in the designated place of the prison. The meeting place is located in the meeting room or reception room of the prison. It is not suitable to be arranged in the prison or other places in the prison. 3, t

50、he supervision of the interview process to visit foreign offenders, each time only 1 people, under 16 years of age of immediate family members can allow accompanying visit. No more than two meetings per month, not more than 30 minutes each time. When meeting, visitors are not allowed to carry weapon

51、s, recorders, cameras, and other items prohibited by the prison. Both parties should use a language approved by their own language or prison,In the process of meeting, the appointed translators should be present.150. Meeting the lawyers stipulation1, the provisions of criminal appeals agency lawyers

52、 criminal agent (1) criminal appeals lawyer requested a meeting with criminals, should carry the lawyers license, lawyer letter of introduction and the criminals themselves or relatives of attorney. When a lawyer meets an offender, he shall submit an application to the prison and submit the aforesai

53、d documents and documents. The prison should be arranged within 1 weeks after receiving the application and notify the applicant. (2) lawyers who meet criminals should be assigned to places designated by the prison; lawyers may not deliver any articles to criminals without permission; they may not p

54、rovide mobile communication tools such as mobile phones for criminals to contact with the outside world. If the lawyer has irregularities in the meeting, the prison may ask the lawyer management institution for the treatment. 2, besides the attorney, the offender may entrust the relatives and friend

55、s to appeal for the accused. When the relatives and friends meet with the offender, they should bring their identity card, the letter of introduction of their unit and the letter of attorney of the prisoner himself. Other matters are subject to the provisions of meeting lawyers. 3. The lawyer who me

56、ets the lawyer of other legal business of the offender shall be entrusted to handle the criminals other legal business. If the lawyer meets the criminal, he may refer to the above provisions.151, the provisions of criminal communication1. criminals are allowed to communicate with others in accordanc

57、e with the law. Criminals can communicate with others during their sentence. The prison law makes no restriction on the communication objects of criminals. Criminals can not only communicate with relatives and guardians during their sentence, but also communicate with other people, which fully embod

58、ies the protection of criminals communication rights. 2. the exercise of the right to send and receive letters by criminals in accordance with the law, Prison Law clearly defines the prisons right to check letters from criminals. The right of inspection shall be exercised by the peoples police designated by the prison, and those who have not been authorized by the prison shall not exercise this power. The fourteenth article of the prison law stipulates that the peoples police in prisons shall