我国罪犯劳动改造制度的立法缺失及建议——以《监狱法》为视角

RESEARCH ON THE SYSTEM OF CHINA'S CRIMINAL LABOR REFORM

在倡导法制文明、构建和谐社会的背景下,监狱行刑工作作为国家刑事司法程序的最后环节,必然要承载促进社会的安全稳定与文明进步的时代要求,作为监狱行刑工作重要组成部分的罪犯劳动改造,则贯穿于监狱对服刑人员依法执行刑罚和改造的全过程。罪犯劳动改造制度是否完善,不仅从根本上制约着劳动改造自身的质量与效果,而且在很大程度上影响着监狱行刑质量。因此,对我国罪犯劳动改造制度进行研究,既是监狱行刑工作永恒的主题,也是当前监狱行刑工作发展中需要不断审视的问题。

In the context of advocating the legal civilization, building a harmonious society, the prison execution work, as the last resort of a national criminal justice process, is bound to carry the times＇ requirements of promoting the social security and stability and civilization progress. As an important part of the prison execution, the criminals through labor penetrates throughout the whole process of the sentences and transformation executed according to the law by the prison to the prisoners. Yet, whether the criminal through labor system is perfect or not, not only restricts its quality and effectiveness fundamentally, but also, to a large extent, affects the quality of prison execution. Therefore, the paper chooses ＂Research on the System of China＇s Criminal Labor Reform＂ as the entry point of probing into the subject of improving the quality China＇s prison execution. It can be said that study on China＇ s labor reform system of criminal is both the eternal theme of the prison execution work, and the problem, needed to constantly look at, of the development of current prison execution work.