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

第七章 狱政管理（The seventh chapter of the prison administration） 第七章 狱政管理(The seventh chapter of the prison administration) The seventh chapter of the prison administration The concept and characteristics of the first quarter of 122, the prison prison administration management Prison management is the management of criminal justice and criminal work related to regulatory reform refers to China's 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 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 according to law. 124, the characteristics of prison management. (1) purpose; Punishing function; reforming function; supporting function; (2) coordination and controllability; (3) organization (4) education; (5) directness; The second section penological principle 125, the meaning of the principle of administration according to law The principle of administration according to law refers to the basic standards for the prison to embody the basic principle of ruling the country according to law, to execute criminal punishments according to law, to regulate the behavior of supervision according to law, and to effectively safeguard the legitimate rights and interests of criminals. 126, according to the principle of management requirements (1) constantly improve the prison legislation, so that there is a law to follow; (2) to maintain the authority and dignity of the law, abide by the laws; (3) standardize and orderly implementation of supervision, so that law enforcement must be strict; (4) serious law, be prosecuted. 127, the meaning of strict management principles The principle of strict management refers to the basic standards of standardization, standardization and institutionalization of the management consciousness, management behavior, management state and management environment of the prison. 128, strict management principles requirements (1) strict and strict according to law; (2) strict and orderly, strict and not harsh; (3) strictness and justice, temper justice with mercy. 129, the meaning of the principles of scientific management The principle of scientific management refers to the fact that the prison must use scientific theories as the guide, and strive to reveal the objective laws of punishing and reforming criminals, and adopt the advanced management methods and modern technical equipment to carry out the basic rules for management. 130, the requirements of the principles of scientific management (1) adhere to the reform based on the establishment of scientific starting point; (2) consciously accept the guidance of the correct theory; (3) adopt scientific management methods and methods; (4) active use of modern technology and modern equipment. 131, the meaning of civilized management principles Civilized management refers to the principle in the prison management work, must adopt the civilized management way and measures to safeguard the legitimate rights and interests 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 offender's personality is respected everywhere; (2) humanitarian treatment of offenders; (3) pay attention to the education and cultivation of the basic moral standards of criminals; (4) pay attention to the absorption, digestion and application of human civilization achievements; (5) establish a civilized, clean and positive regulatory environment. 133, the meaning of direct management principles The direct management principle refers to the people's police in prisons and prisons, 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 implementation of supervision and control. 134, the requirements of the direct management principle. (1) the direct management requirements are embodied in the supervision system; (2) to realize the direct control of the criminal activities by the prison people's police; (3) to realize the direct assessment of prisoners by the prison police; (4) select, make good use of and manage the affairs prisoners " The third section is divided into 135 parts Submortgage classification refers to China's prison prison, the people's Court of executed criminals in prison separated by different basic prison 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 sub charge (1) according to the age, sex, sentence type and term of the criminal; (2) according to the criminal types of criminals; Property criminals, sex offenders, violent criminals, other types of criminals. ? ? ? 137, the implementation of sub charging matters needing attention (1) criminals who endanger State security are generally not held in concentrated formation, but units with good basic 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 degree 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) if the number of criminals with regional characteristics and the number of people are more concentrated, they shall be kept in prison or sub surveillance areas. (6) the criminals in minority nationalities should be held in prison and detention areas. (7) foreign prisoners and stateless criminals shall be held in prison or sub surveillance areas. 138, the meaning of charge Charge refers to the prison according to the characteristics of different types of prisoners to be able to control the corresponding, and according to the criminals into prison, prison time and transformation performance, determine the different management level, give the corresponding treatment system. 139, classification requirements (1) try to master 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 department. (1) division of grades; (2) grading standard; (3) classification content; (4) the problems that should be paid attention to in grading. Fourth, life hygiene management 141, determine the basis of the standard of criminal diet To determine the standard of the offender's diet, the following three factors should be considered: (1) the basic needs of the prisoner to maintain life and health. The standard of nutrition needed to maintain life and health is the basis for determining the standard of the offender's 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 offenders and adult offenders prescribed different dietary standards. (2) the types of labor, time and labour intensity of the criminals. The criminals who participate in labor do not have the same amount of nutrition as the criminals who do not participate in the work; and among the criminals who work, Because of the different types of labor, time and intensity, physical exertion is not the same, the amount of nutrients required is also different. Therefore, the labor time and the intensity of labor are the important basis for determining the standard of the offender's diet. (3) the average standard of living of ordinary citizens in society. In determining the standard of the offender's diet, we should also refer to the average social standard of living. The standard of the offender's diet should not exceed the average social standard of living; and the standard of the offender's diet should be improved with the improvement of the average living standard of the society. 142, at this stage to determine the standard of criminal eating methods There are roughly three ways to calculate the standard of the offender's diet: one is the monetary standard, the other two is the standard of heat and nutrition, and the three is the physical standard. In our country, the standard of physical quantity is adopted in the diet of criminals at this stage. The prison law, fiftieth, defines the method of calculating the criminal's living expenses, that is, the living expenses of criminals are calculated according to the physical standards and stipulated by the state. 143, the principle of management of clothing The 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 "Prisoners" or "prisoners". ? 144, the provisions of work and rest management (1) the prisoners shall work for no more than 8 hours a day, rest for 1 days a week, and may adjust and make comprehensive use of their labor time by the approval of the head of the prison for seasonal production or other production needs. (2) to ensure that criminals sleep no less than 8 hours a day, usually 2 hours of study. (3) the special provisions of the daily work and management of juvenile offenders shall be no more than 4 hours per day, and not more than 24 hours per week. 145, prison house construction requirements Strong, ventilated, light transmitting, clean and warm. The living space of the criminal is not less than 3 square meters per person. 146, criminal health management requirements (1) to set up a prison Barber Room and bathroom, arrange regular criminals haircut, ensure criminals can take a hot bath; (2) to make timely cleaning and drying Prison Criminals clothing, personal hygiene; (3) prisons should do a good job of environmental hygiene in the supervised areas. 147, criminal medical management requirements. (1) prisons establish medical institutions, establish prisoners' health status files, conduct regular physical examination of prisoners, and provide timely treatment to the sick criminals; if they have infectious diseases, they should be treated in isolation when necessary. (2) the establishment of the epidemic prevention and health care work in prisons and the establishment of medical institutions shall be included in the planning of the local health administrative departments, and shall receive the guidance from the local health administrative departments. The fifth section deals with the management contents of meeting communications management 148, meeting relatives and guardians 1, the identity of visitors to verify, criminals in prison during the prison, you can meet with relatives and guardians. When receiving visitors, the prison must verify its identity and ascertain the relationship between the visitor and the criminal. Verify the identity, usually inspection identity card or household 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. To inform the meeting of the matters needing attention, the prison shall fulfill the obligation of informing the person who requests the visiting of the criminal. The main contents of the interview are the rules, requirements, precautions and responsibilities of violating the regulations, At the same time, the relatives and guardians of the criminals should be encouraged to supervise and reform the policies of the party and the state. 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 have performed well and in conformity with certain conditions, preferential treatment and meeting places may be arranged for prisoners to meet in the prison. (2) for poor performing criminals, general arrangements are made in the interview room. (3) for ordinary criminals, arranged in the regular interview room. Regular meetings, prisons are usually held 1~2 times a month, each time no more than 1 hours. (4) criminals are generally not allowed to meet relatives during confinement. 4, the supervision of the interview process (1) in the regular meetings and strict interviews, the prison should arrange for managers to talk to criminals, relatives and guardians to monitor. (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 guardians 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 track. ? 149, foreign offenders meet regulations 1. Procedures for meeting procedures (1) the spouses of foreign offenders, immediate relatives and guardians require visits, and shall be approved by the prison administration of the provinces, autonomous regions and municipalities directly under the central government. Then, provide the prison with passports and relevant identification documents, apply for an interview card, interview card, and sign the consent of the warden, and then go to the meeting place. (2) the state of foreign made diplomatic and consular officers shall be made to meet the requirements, China's 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 procedures, to the meeting place. 2. Arrangements for meeting places, interviews with such persons, at designated locations in prisons. The meeting place is located in the meeting room or reception room of the prison, which should not be arranged in the prison house or other places in the prison. 3, the supervision of the interview process to supervise foreign visitors, each time only 1 people, 16 years of age next to the immediate family may be allowed to visit. You may not meet more than two times a month, not more than 30 minutes each time. Visitors are not allowed to carry weapons, tape recorders, cameras, and other items prohibited by the prison during the meeting. The two parties should use a language approved by their own language or prison, where the designated translators are present during the meeting. 150, meets the lawyer stipulation 1, the provisions of criminal appeals agency lawyers criminal agent (1) criminal appeals lawyer requested a meeting with criminals, should carry the lawyer's license, lawyer letter of introduction and the criminals themselves or relatives of attorney. When a lawyer who represents an appeal meets the offender, he shall submit an application to the prison and submit the aforesaid documents and documents. The prison shall, within 1 weeks after receiving the application, arrange the case and notify the applicant. (2) a lawyer meets a criminal, In a place designated by the prison, the lawyer shall not deliver any articles to the criminals privately, nor shall he provide mobile communications tools such as mobile phones for the criminals so that they may contact the outside world. If the lawyer has any irregularities during the meeting, the prison may make demands and comments on the handling of the matter to the lawyer's governing body. 2. In addition to entrusting lawyers, the offender may also entrust relatives and friends to appeal for the purpose of meeting the criminals of the relatives and friends who represent the offenders. When a friend or a friend who represents an appeal meets the criminal, he shall bring his own identity card, the letter of introduction from his unit and the letter of attorney of the prisoner himself. Other matters shall be governed by the rules for meeting lawyers. 3, the lawyer who is a representative of a criminal or other legal business shall be entrusted to deal with the offender. The lawyer of other criminal law business who meets with the offender may refer to the provisions mentioned above. 151, the provisions of communication criminals 1., criminals are allowed to communicate with others in accordance with the law, and criminals may communicate with others during their sentences. The prison law makes no restriction on the object of communication among criminals. During the prison period, criminals can not only communicate with relatives and guardians, but also communicate with other people, which fully embodies the protection of the right to communicate with criminals. 2., in accordance with the law to exercise the right to send and receive prisoners, the prison law defines the prison's right to check and communicate letters to criminals. The right of inspection shall be specified by the people's police of the prison, and the personnel who have not been authorized by the prison shall not exercise the power. The fourteenth article of the prison law stipulates that the people's police of the prison shall not violate regulations and send letters to criminals privately. The people's police designated by the prison shall check and record the prisoners' letters. For the valuable information found in the inspection, according to the provisions of the timely delivery to the relevant units and departments. But for criminals, the contents of letters, especially those involving personal privacy, should not be transmitted at will. 3., in accordance with the law to exercise the right of detention of prisoners' letters, prisons may also detain prisoners' correspondence under the statutory conditions. The statutory conditions is "detrimental" to detain criminals, in practice refers to the following conditions: (1) the letter spread antisocial, anti government evil preaching; (2) the criminals in a letter leaked secret prisons; (3) the letters used in argot and is found; and (4) in the same communication, talk about the perpetrators; (5) to vent serious dissatisfaction with the judicial organs and society in a letter; (6) encouraging each other, instigated illegal and crime; (7) in the letter, to discuss the escape plan and so on. 4., in accordance with the law to guarantee the limited rights of the criminals to send letters (1), in accordance with the provisions of the prison law, the criminals written to the higher authorities and judicial organs of the prison, not subject to inspection. That is to say, the criminals can seal this kind of letters without having to go to jail, and call the criminal's right as a limited sealed right. (2) the higher authorities of the prison refer to the Ministry of justice and the prison administration, the judicial departments (bureaus) of the provinces, autonomous regions and municipalities directly under the central government and the prison administration, which directly administer the prisons, districts (municipalities), judicial bureau, etc.. Judicial organs refer to the people's courts, the people's procuratorates and the public security organs. 152, criminals postal parcels, remittances. (1) the handling methods of postal parcels for criminals 1. send postal parcels to criminals for handling postal parcels, Criminals are usually sent to their homes for safekeeping of non essential necessities. If a prisoner requests to send a parcel, it shall be examined by the relevant department of the prison and the postal procedure shall be carried out on behalf of him. 2., for domestic and foreign postal parcels sent to the handling measures (1) for domestic and foreign postal parcels sent to the criminals, the prison in accordance with the "State Postal Law," unified procedures for handling. Belong to abroad to send parcels, shall be borne by the recipient in a receipt signed stamped with the official seal of the prison but not. (2) prisons should appoint special people's police to carry out careful inspection and detailed registration of parcels. For the daily life of the package, the school supplies are used by the criminals themselves. Wrapped in the non necessities of life by the prison custody or notify the family back. Prison custody, criminals have normal use can receive, keeping things in all offenders out of prison when I returned. If there is any contraband in the parcel, it will be confiscated and reported to the higher authorities or tracked down. (two) the measures for the handling of prisoners' remittances; 1., for the way criminals send money outside the prison, the offender transfers money outside the prison, and the offender requests the offender to take the money transfer procedures on behalf of the staff of the unit where the offender is located. 2. ways to deal with the criminals sent remittance for domestic remittance to criminals, by the prison in accordance with the provisions of the state "postal law", the offender registration procedures, after receiving cash from prison custody, and issued a criminal deposit receipt. At the same time, the prison should inform the criminals of the remittance situation in time, so that the prisoners can understand the number of remittances and remittances. If there is a brief message on the remittance slip, The prison should also inform the criminals truthfully after checking it. 3. for the treatment of criminals sent to the foreign remittance for foreign remittances sent criminals, prisons are not allowed in the foreign exchange receipts and remittances receipts stamped with the seal of the prison. If the bank is in order to clarify the responsibility and future reference, the prison is required to affix an official seal on the document and receipt of the receipt. Foreign exchange may be notified directly to the families of the prisoners according to the opinions of the offenders, and shall be notified by the prison to the bank. If the offender is unwilling to receive the family or has no immediate relatives in the country, the remittance shall be notified to the prison where the offender is sent by the bank, and shall be collected by the prison agency. The offender should sign the receipt of the payment. ? The sixth section examines rewards and punishments 153, the content of the examination Assessment is a comprehensive examination and evaluation of the prisoners' performance of prison reform in a given period of time according to certain standards and procedures. 154, assessment methods (1) scoring system; (2) record keeping examination; (3) year-end review. 155, categories of rewards and punishments (1) the prison prison rewards include praise, rewards and punishment; the material reward, merits and grant from the prison to visit relatives. Prison punishment including warning, demerit and confinement. (2) criminal rewards and punishments; criminal awards include commutation and parole. Criminal punishment refers to the treatment of crimes committed by prisoners during their imprisonment. 156, praise, and material rewards merit conditions (1) to comply with prison rules and discipline, work hard, active labor, has pleaded guilty to performance; (2) preventing illegal activities; (3) over production tasks; (4) saving raw materials or taking good care of public property; (5) to carry out technological innovations or to impart production techniques, with certain results; (6) making certain contributions in preventing or eliminating disasters and accidents; (7) other contributions to the state and society. Praise and awards generally can be made by the prison area; for by the prison warden comments, reported to the competent approval. 157, the concept of visiting relatives from prison A prisoner who agrees with a certain condition is allowed to leave the prison for the time being and visit his relatives. 158, the conditions, procedures and implementation requirements of the family visit (1) from the prison to visit the condition: 1, sentenced to imprisonment (including has been commuted to imprisonment) criminals have the "Prison Law" the fifty-seventh provisions of the first paragraph of the circumstances, to implement the sentence above 1/2; 2, belong to the wide tube stage in tube; 3, in prison has always been good, leave the prison no danger to society; 4, the resident relatives in prison where the scope of object of regional administrative province, autonomous regions and municipalities. (2) from the prison to visit the prison area and recommended procedures: review of the prison administration department after approval, the competent warden. (3) from the prison to visit the prison for implementation requirements: approved by the prison visit from criminals, must carry out a centralized education, and individual conversations, clear from the prison to visit relatives during should abide by discipline, strengthen their awareness of the law. When a criminal arrives at a visiting home, he must report to the local public security police station with the certificate of "the criminal's leaving the prison for visiting relatives" and accept the supervision of the public security organ. The time of visiting relatives is 3 to 7 days (excluding travel time). 159, warning, demerit and confinement conditions. (1) the hongnao prison, disturb the normal order of the; (2) insulting or assaulting the people's police; (3) bullying other criminals; (4) stealing, gambling, fighting, stirring up trouble; (5) have the ability to work or refused to participate in the labor go-slow, do not change through education; (6) to avoid labor and self mutilation means; (7) intentionally violating the operating rules or intentionally damaging the means of production in the production work; (8) there are other serious violations of prison discipline. When confinement is used as punishment, the period is between 7 and 15 days. Seventh, security management 160, prison security alert the three line of Defense (1) armed vigilance; (2) prison guards; (3) mass defence. 161, the meaning of armed alert Armed vigilance is a perimeter alert carried out by the people's Armed Police Force in an open armed form. 162, the prison guards task (1) for the whole night Prison Criminals management work, such as duty, patrol, supervision, control, check bed check lights, sleep, wake up the criminal supervision, unfavorable interaction between supervision and control of criminals, to prevent criminals who out of prison room, deal with the problems between criminals; (2) the management of criminals who are responsible for staying in prisons and prisons during the day; (3) responsible for the inspection, verification and registration of personnel entering and leaving the gate of the prison area; (4) the management of prisoners in confined rooms and detention chambers. 163, the meaning of mass defense Also known as community defense, refers to the prison and armed police forces, relying on the local government and the surrounding community units formed a joint defense organization, to assist the prison supervision, reform criminals, to prevent accidents in prison, A security alert that guarantees the safety of the site. 164, the contents of the warning facilities inspection (1) prison wall; (2) power grid and alarming facilities; (3) alert zone; (4) lighting facilities; (5) prison door. 165, living area inspection focus, Qing supervision and daily inspection requirements (1) the key points of living area inspection are to prevent criminals from bringing control articles, dangerous articles or prohibited articles into prison.. (2): Qing prison prison area every day to check the prison, the prison management departments or prison area every half to a big check, the prison is to conduct a comprehensive clean supervision and major festivals before each quarter, when necessary to organize assault inventory. (3) daily inspection: 1. Registration and examination of criminals entering and leaving the prison house. The people's police shall earnestly register and check the criminals entering and leaving the prison house. 2, a bed check. To be named by the people's police on duty personally every night before bedtime; after bedtime, also by the people's police checked the house. 3 night patrol. During the night, the guards watch and monitor the house. Night patrol, at least two people go together. 166, the focus and methods of workplace inspection (1) the key work places to check: check key workplace is the use of various tools of production and storage and production of materials storage, to prevent criminals from using production tools or other production materials as the implementation tool of crime. (2): the workplace inspection method to inspect the police class at any time labor production area, the prison area, the prison area regularly on the jurisdiction to conduct a more thorough examination of the prison regularly organize a comprehensive inspection. ? 167, the crime of physical examination (1) examination before leaving work; (2) the inspection work; (3) inspect dangerous elements. 168, key parts of the content of the inspection (1) confinement room; (2) important areas; (3) important places. 169, the conditions for the use of weapons (1) identify violent crime emergency situations; (2) non use of weapons can not be stopped; 170, procedures for the use of weapons and related provisions (1) warning; (2) rescue the injured and protect the scene; (3) report; (4) legal liability 171, ring and other weapons use conditions. Ring out the conditions of use: (1) criminals escape behavior; (2) criminal acts of violence; (3) criminals are escorting prisoners; (4) other risk behaviors need to take preventive measures. Police use conditions: not as a punishment, criminal punishment shall not be used, can only be used when there is a real danger (in that), cannot be used for administrative punishment of criminals.